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DCAA issues MRD confirming auditors should not verify technical interchanges

 

On November 21, 2017, DCAA issued a Memorandum for Regional Directors (MRD) confirming that the Class Deviation 2017-O0010’s abrupt halt to technical interchange requirements as a condition of independent research and development (IR&D) cost allowability applies to auditors. Dentons previously discussed Class Deviation 2017-O0010 and its implications for contractors when the Class Deviation was issued in September 2017.

The MRD expressly applies the Class Deviation to DCAA auditors. It states that no IR&D costs should be questioned if an auditor finds that a technical interchange did not occur. This guidance applies retroactively to all audits performed of fiscal year 2017 costs, as well as current and future audits. The MRD is available on DCAA’s website.

DCAA issues MRD confirming auditors should not verify technical interchanges

FY18 NDAA conference report signals significant increase in defense spending

On November 8, 2017, the House and Senate Armed Services Committees released a conference report detailing their compromise FY18 National Defense Authorization Act (NDAA). The report, which merges the bills each committee passed earlier this year, outlines the policy goals and authorization levels for defense spending contained in the NDAA. With a total topline defense budget of about $700 billion, the NDAA surpasses both President Trump’s budget request and the DoD’s initial requests. The significant boost over the FY17 NDAA is designed to improve military readiness, drive military infrastructure advances and provide critical reforms.

We discuss the new NDAA’s acquisition reform initiatives and its provisions to strengthen cybersecurity, increase the size of the Armed Forces, and modernize military infrastructure and capabilities.

Read the complete article here.

FY18 NDAA conference report signals significant increase in defense spending

Government Contracts Legislative and Regulatory Update – November 2017

Our November edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of October.

Highlights this month include:

  • House passes two bills to enhance national and border security
  • Civilian agency spending reaches highest level since 2010
  • House passes two bills to help small businesses enhance their cybersecurity

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

Read the complete article here

Government Contracts Legislative and Regulatory Update – November 2017

FCA relator sanctioned nearly $170,000 for improperly taking employer’s privileged

Courts historically have been hesitant, for public policy reasons, to sanction relators for taking their former employers’ confidential documents to support their FCA claims. However, in US ex rel. Ferris v. Afognak Native Corp., a US District Court Judge for the District of Alaska sanctioned a plaintiff almost $17,000 for doing just that. We look at the key elements defense counsel in FCA actions should focus on when faced with a qui tam relator who has purloined his or her employer’s privileged (or non-privileged but confidential) documents.

Read the complete article here.

FCA relator sanctioned nearly $170,000 for improperly taking employer’s privileged

Dentons assists first US airline in obtaining breakthrough SAFETY Act coverage

Southwest Airlines, with assistance from Dentons, has obtained first-of-its-kind SAFETY Act Designation coverage. The SAFETY Act provides important legal liability protections for providers of qualified anti-terrorism technologies, whether products or services. Southwest secured coverage for the development and implementation of its TSA-approved Aircraft Operator Standard Security Program (AOSSP). Dentons’ Government Contracts team explains the benefits.

Read the complete article here.

Dentons assists first US airline in obtaining breakthrough SAFETY Act coverage

DCAA guidance clarifies cost or price analysis requirements for subcontractor proposals

The Defense Contract Audit Agency (DCAA) published a Memorandum for Regional Directors (MRD) last week that provides answers to frequently asked auditor questions regarding cost and price analyses to establish the reasonableness of proposed subcontract prices. Of particular note is the direction that DCAA auditors proceed with subcontract proposal audits even if contractor cost or price analyses are not yet available. Dentons’ Government Contracts team explains what the new guidance means for contractors and subcontractors.

Read the complete article here.

DCAA guidance clarifies cost or price analysis requirements for subcontractor proposals

Government Contracts Legislative and Regulatory Update – October 2017

Our October edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of September.

Highlights this month include:

  • National Defense Authorization Act for Fiscal Year 2018 heads to conference
  • House passes three bills regarding DHS information-sharing rules
  • US announces new sanctions against North Korea

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

Read the complete article here.

Government Contracts Legislative and Regulatory Update – October 2017

You’re Invited: Inaugural Dallas Government Contracts Fall Briefing

Please join us for our first annual Dallas Government Contracts Fall Briefing, a complimentary and exclusive gathering where we will examine the latest developments in the government contracting industry. The briefing, which will take place at the W Hotel, will cover commercial item contracting generally and hot issues affecting GSA and VA Schedule contract holders.

We also will discuss some of the new, unique risks associated with government contracting, as well as offer practical, effective compliance and risk mitigation strategies. In addition, we’ll share insights we’ve gained assisting clients in government investigations, including how to respond when agents come knocking on your door.

We hope you can join us as we discuss these important topics and others impacting government contractors across the country.

Wednesday, October 18, 2017
9 a.m.–12 p.m.
Lunch served at 12 p.m.

The W Hotel
2440 Victory Park Ln.
Dallas, TX

View the detailed agenda and the latest updates on our event webpage

You’re Invited: Inaugural Dallas Government Contracts Fall Briefing

Government Contracts Legislative and Regulatory Update – September 2017

Our September edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of August.

Highlights this month include:

  • Government shutdown could cause disruption to contracting community
  • DoD plans to restructure its acquisition department
  • Sequester may cause significant spending cuts to DoD programs

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

Read the complete article here.

Government Contracts Legislative and Regulatory Update – September 2017

Government Contracts Legislative and Regulatory Update – August 2017

Our August edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of July.

Highlights this month include:

  • House passes DoD Appropriations Act of 2018
  • BIS issues a final rule amending the EAR based on the 2016 MTCR Plenary Agreements
  • White House issues FY 2019 budget guidance to executive agencies

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

Read the complete article here.

Government Contracts Legislative and Regulatory Update – August 2017