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Defense Contracting
January 2020
New Rule Expands Counterfeit Reporting
By Susan Cassidy , Peter Terenzio and Michael WagnerOn Nov. 22, the Federal Acquisition Regulatory Council issued a final rule setting forth new provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government–Industry Data Exchange Program. -
Defense Contracting
January 2020
Corporate Governance: The Unfiltered Truth
By Carrie PenmanCorporate governance and “long-termism” are key buzzwords in our modern fiduciary lexicon. -
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.
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