On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance with President Obama’s Fair Pay and Safe Workplaces Executive Order (the “Order”). Since being issued on July 31, 2014,
On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts.
Plaintiff Darrell Robinson argued that Kuwaiti law applied to his overtime claims as a consequence
The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the limitations on contractor employee personal conflicts of interest. The proposed rule will extend those limitations to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services. Functions closely associated with inherently governmental functions include services that involve or relate to budget preparation, feasibility studies, and the evaluation of another contractor’s performance. They also include contractors providing assistance in the development of statements of work or participating in any activities or functions that could lead to the assumption that they are agency employees or representatives.
The Department of Defense (DoD) recently adopted a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The rule implements increased whistleblower protections for contractor and subcontractor employees from Section 827 of the National Defense Authorization Act for Fiscal Year 2013.
The rule broadens and clarifies whistleblower protections for
On January 23, 2014, the Department of Defense and General Services Administration issued a final report making recommendations for the development of cybersecurity standards in the acquisition and contracting process. The report, entitled “Improving Cybersecurity and Resilience Through Acquisition,” seeks “to recommend how cyber risk management and acquisition process in
Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post yesterday discussing the compensation of employees of contractors impacted by the government shutdown. Ms. Bertram explained that employees of government contractors who have been furloughed as a consequence of
On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”). The interim rules implement Section 828 of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2013, which went into effect on July 1, 2013. The interim rules create a four-year pilot program for executive agencies subject to the Public Contracts section of the United States Code (“Title 41 agencies”) and make extensive changes to whistleblower protection for agencies subject to the Armed Forces section of the United States Code (“Title 10 agencies”). The interim rules also create a whistleblower exemption for portions of the intelligence community subject to the National Security Act of 1947 (“Title 50 agencies.”)
On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal Acquisition Regulation (“FAR”) to implement recent mandates aimed at stemming human trafficking. In addition to codifying the current zero-tolerance policy against human trafficking, FAR subpart 22.17 would impose additional requirements on all Government contractors and subcontractors for ensuring awareness, compliance and enforcement of this policy.
Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings. Ms. Bertram reminded contractors of the obligation to notify the government of threatening and violent conduct by employees with security clearances. She also emphasized that contractors
Last week, a divided Department of Labor Administrative Review Board (“ARB”) agreed to reconsider its ruling that the Office of Federal Contract Compliance Programs (“OFCCP”) did not have jurisdiction over a federal contractor based solely on its participation in TRICARE, the Department of Defense’s managed health care program for active duty and retired military members and their families.