International Trade Compliance – Industry News

Defense Federal Acquisition Regulation Supplement: Removal of DFARS Coverage on Contractors Performing Private Security Functions – Visit Isenberg Institute of Strategic Satire to read more.

 

Government Procurement: October and November 2013 Federal Register Update, By Matthew L. Riemer, Posted on The National Law Review

1. Proposed Rule to Amend DFARS Coverage of Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States. On October 31, 2013, the Department of Defense (“DoD”) proposed to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to amend and clarify certain provisions regarding contractor personnel supporting U.S. Armed Forces deployed outside the United States.  As an initial matter, DFARS § 252.225-7040(a) would be amended to clarify which contractors are authorized to accompany the force (“CAAF”).  [Read More…]  

US DoD Phases In New Cyber Regulation for Contractors, Posted on Daily Defense Industry

Contractors Face New Regulatory Obligations – Effective since last Monday, a Defense Federal Acquisition Regulation Supplement (DFARS)amendment external link applies to all new contracts that use or generate technical information and spells out new responsibilies for contractors tasked with “safeguarding unclassified controlled technical information.” Among other things, contractors now have to report cyber breaches to the government.  US Naval Shipbuilding, Such As It Is – The Government Accountability Office (GAO)reviewed external link the US Navy’s involvement in shipbuilding quality, following shoddy work on early San Antonio class ships. GAO notes improvements, and urges the Navy to look more closely at commercial best practices. [Read More…]  

We Haven’t Won Yet on Export Control Reforms By Bill Greenwalt, Posted on Breaking Defense

The defense industry is hard-pressed for good news these days after budget cuts, sequestration and the government shutdown. But there is one bright spot. The industry received some good news last month when new export control reforms went into effect. The reforms involved transferring authority for key categories of arms exports, including military aircraft parts and engines, from the State Department to the Department of Commerce. The move from State to Commerce means that companies wishing to sell these parts will face fewer burdensome regulations, helping to sustain exports and providing needed relief for America’s defense industrial base. [Read More…]  

How FAR And DFARS Whistleblower Protections Have Changed, Posted on Law360

Law360, New York (November 21, 2013, 8:18 PM ET) — Many federal contractors and subcontractors are now, or soon will be, required to comply with broad new whistleblower protections as part of their federal contracts and subcontracts. On Sept. 30, 2013, the federal government issued two new interim rules, effective immediately, which implement the whistleblower protections passed in the National Defense Authorization Act (Pub. L. 112-239, enacted Jan. 2, 2013), as codified in amendments to 41 U.S.C. § 4712 and 10 U.S.C. § 2409. [Read More…]  

United States: New Whistleblower Protections In The FAR And DFAR, By  Bradley D. Wine and Michael C. Mateer, Posted on Mondaq

Many federal contractors and subcontractors are now, or soon will be, required to comply with broad new whistleblower protections as part of their federal contracts and subcontracts. On September 30, 2013, the federal government issued two new interim rules, effective immediately, which implement the whistleblower protections passed in the National Defense Authorization Act (Pub. L. 112-239, enacted Jan. 2, 2013), as codified in amendments to 41 U.S.C. § 4712 and 10 U.S.C. § 2409. The new whistleblower protections apply to all solicitations and contracts that exceed the simplified acquisition threshold, including contracts for the purchase of commercial items and commercially available off-the-shelf (COTS) items.See 48 C.F.R. § 3.908-9. [Read More…]  

E-ALERT | Government Contracts National Security & Defense, Posted on Covington

NEW DFARS RULES ADDRESS SUPPLY CHAIN RISKS AND UNCLASSIFIED INFORMATION This client alert provides an update on two notable recent security and information assurance-related rules promulgated by the Department of Defense (“DoD”) amending the Defense Federal Acquisition Regulation Supplement (“DFARS”): (1) an interim rule implementing legislatively mandated requirements to address supply chain risk to allow DoD to consider the impact of “supply chain risks” in information technology (“IT”) contracts; and (2) a final rule on the safeguarding of unclassified controlled technical information (“UCTI”), which includes, among other things, certain cyber incident reporting obligations. These two rules are described further below. [Read More…]  

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