Government Contractor Compliance & Regulatory Update

Tag Archives: DoD

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From Compliance With The Fair Pay And Safe Workplaces Executive Order

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Acquisitions
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, the Order has caused a … Continue Reading

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

By Connie Bertram, Daniel Davis and Andrew Aitchison on Posted in Employment Law, Federal Acquisitions
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 of language in Raytheon’s offer … Continue Reading

DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest

By Connie Bertram and Amy Blackwood on Posted in Federal Acquisitions
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 … Continue Reading

Department of Defense Adopts Final Rule Implementing Whistleblower Amendments

By Andrew Aitchison on Posted in Employment Law, Whistleblower
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 federal contractor and subcontractor employees.  … Continue Reading

Department of Defense and General Services Administration Make Cybersecurity Recommendations for Contractors

By Daniel Davis and Connie Bertram on Posted in Security
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 the Federal government can be … Continue Reading

Availability of Retroactive Compensation to Contractors Post-Government Shutdown

By Connie Bertram on Posted in Compensation, Federal Acquisitions
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 the shutdown may not receive compensation beyond … Continue Reading

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

By Connie Bertram on Posted in Employment Law, Federal Acquisitions, Security, Whistleblower
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 … Continue Reading

FAR Provision on Human Trafficking Proposed

By Connie Bertram on Posted in Employment Law, Federal Acquisitions
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 … Continue Reading

Responsibility of an Employer to Act Upon Threats From or By an Employee

By Connie Bertram on Posted in Employment Law, Security
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 have an independent right under … Continue Reading

ARB Reconsiders Florida Hospital Ruling

By Daniel Davis on Posted in Department of Labor, OFCCP
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 … Continue Reading

Government RFI on New Cybersecurity Measures for Federal Contracts

By Connie Bertram on Posted in Federal Acquisitions, Security
Last week, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) soliciting comments from federal contractors on the feasibility of incorporating cybersecurity standards into federal acquisitions rules.  78 Fed. Reg. 27,966 (May 13, 2013).  Through the RFI, GSA hopes to obtain diverse stakeholder involvement prior to the implementation of any new cybersecurity framework.… Continue Reading
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