Category Archives: Proposed Rules

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The Sisyphean Task Of Dodd-Frank Rulemaking

By Anthony N. Moshirnia Much has been written in this space and others regarding the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), and its likely and observed impact on the business and legal landscape (e.g., executive compensation, whistleblower incentives, and “conflict minerals”. Not least among the Act’s effects is its mandate for … Continue Reading

Final Rule for IR&D Reports Fails to Address Most Serious Questions

By David S. Gallacher and Kerry O’Neill Last April, we wrote about proposed changes to Department of Defense ("DoD") reporting requirements for independent research and development ("IR&D"), raising concerns about how the proposed change would tie recoverability of IR&D costs to new reporting and disclosure requirements. Recently, Defense Federal Acquisition Regulation Supplement ("DFARS") 231.205-18(c) was … Continue Reading

Terrorism and Taxes – Proposed FAR Rule Imposes 2% Tax on Foreign Offers to Fund 9/11 Relief Fund

By David Gallacher and John Bonn On January 2, 2011, the President signed the James Zadroga 9/11 Health and Compensation Act of 2010, Pub. L. No. 111-347, which set up a relief fund for victims, first responders, and construction workers who were injured in the September 11 terrorist attacks in New York City. To pay … Continue Reading

Proposed Rule Details Major Changes to U.S. Export Controls

By Curt Dombek, Thad McBride and Mark Jensen In a significant step in the reform of U.S. export controls, the Department of Commerce issued a proposed rule on Friday, July 15, 2011, that would fundamentally affect the overlap between, and operation of, the International Traffic in Arms Regulations (“ITAR”) administered by the U.S. Department of … Continue Reading

The Times They Are A Changin’ – Independent Research and Development May Not Be So “Independent” Any More

By David S. Gallacher Those familiar with Government contracting know at least a little bit about the elusive and fickle regulatory requirements for Independent Research and Development (“IR&D” or “IRAD”) costs. IR&D is a means by which the U.S. Government supports a Contractor’s independent R&D efforts. By reimbursing a Contractor’s independent R&D costs, the Government long has … Continue Reading

Proposed ITAR Rule To Relax ITAR Licensing For Components Incorporated Into Commercial Products

By Curtis M. Dombek On March 15, 2011, the State Department Directorate of Defense Trade Controls published a proposed new rule that marks a significant change in the approach to ITAR regulation. Historically, ITAR controls have always applied to commercial end products incorporating any ITAR controlled components. This was the basis of the highly publicized QRS chip case, … Continue Reading

Rush To Judgment – FAR Councils Propose Daily Compounding Of Interest For TINA Violations

By: John W. Chierichella and W. Bruce Shirk We previously noted DCAA’s hasty implementation of the Court of Appeals for the Federal Circuit’s (“CAFC’s”) decision in Gates v. Raytheon Co., 584 F.3d 1062 (Fed. Cir. 2009), requiring daily compounding of interest on adjustments made to rectify Cost Accounting Standards (“CAS”) noncompliances. DCAA Implements Federal Circuit Decision … Continue Reading

DOD Proposed Rule Would Eliminate Provisional Award Fee And Defer Substantial Award Fee Payments

By John W. Chierichella and W. Bruce Shirk The Department of Defense recently proposed a rule that would revise guidance for award-fee evaluations to require:   The incorporation of award-fee plans into all DOD award-fee contracts,   The use of objective criteria to the maximum extent possible to measure contract performance including, where appropriate, use … Continue Reading
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