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Defense Contracting
December 2019
New Justice Dept. ‘Strike Force’ on the Prowl
By Mike Fanelli , Frederic M. Levy , Phil Warren and Dan ShallmanOn Nov. 5, the Department of Justice announced the launch of the Procurement Collusion Strike Force, or PCSF. Its creation marks a significant development in the government procurement enforcement landscape. -
Defense Contracting
November 2019
OTAs – 30 Years of Progress on a Rocky Road
By Richard L. DunnOn Nov. 29, 1989, Congress enacted Public Law 101-189, the National Defense Authorization Act for fiscal year 1990. Section 251 authorized the Defense Advanced Research Projects Agency to enter to “other transactions with any person, any agency or instrumentality of the United States, any unit of state or local government, any educational institution and any other entity.” -
Defense Department
November 2019
NDIA Policy Points: The Pentagon’s Climate Problem
By Liam SkinnerThe defense acquisition community faces a climate problem. A political climate of suspicion is impeding the Pentagon’s efforts to take advantage of private industry expertise to deliver important capabilities to America’s warfighters. -
October 2019
Contractors Face New Reporting Requirements
By Jeff Bozman , Susan Cassidy and Samantha L. Clark -
Army News
October 2019
AUSA NEWS: Army Leading Charge for OTA Agreements
By Jon HarperThe Army is No. 1 by a long shot among the U.S. military services when it comes using other transaction authority agreements to fast-track projects, according to analysts from Bloomberg Government. -
Air Power
September 2019
NEWS FROM ASC: Lockheed Pitching New Long-Term Sustainment Contract for F-35
NATIONAL HARBOR, Md. — Lockheed Martin is pushing for a new long-term, performance-based sustainment contract with the Pentagon that it claims will lower the costs of the joint strike fighter program. -
September 2019
Lessons on Contractor Termination for Default
By Alex Sarria and Carl WiersumThe U.S. Court of Federal Claims recently overturned an agency’s decision to terminate a government contractor for default. The case serves as an important reminder that, when reviewing such a termination, the court gives little credence to the government’s subjective beliefs regarding the contractor’s ability to perform. -
July 2019
Changes in Treatment of Confidential Info
By Kevin T. Barnett , Peter Hutt II and Nooree LeeIn June, the Supreme Court significantly altered how government agencies will treat confidential commercial information protected from disclosure by Exemption 4 of the Freedom of Information Act (FOIA) — an issue that recurs repeatedly with respect to information submitted by contractors to government agencies. -
Defense Contracting
July 2019
Compliance Guidance for Smaller Contractors
By Brian E. SweeneyIn April, the Department of Justice issued updated guidance regarding the evaluation of corporate compliance programs to assist prosecutors in deciding whether they were adequate and effective at the time of an offense, as well as at the time of a charging decision. It builds upon earlier guidance and provides further specificity as to the factors the department will consider in their evaluations. -
Defense Contracting
July 2019
Exemptions for Value Added Taxes Often Overlooked
By Stephen Speciale and Matthew LawrenceThe purpose of this article is simple — to provide a basic understanding of value added tax (VAT) and help stakeholders complete sound exemption processes for the Defense Department’s international efforts in foreign countries.
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