Bradley attorney Aron Beezley was quoted in Law360 on the top government contracts policies that developed in 2017. The year introduced several major policy changes that will affect federal contractors’ operations for years to come.
Defense contractors have until Dec. 31 to implement their compliance with Defense Federal Acquisition Regulation Supplement clause 252.204-7012, also known as the network penetration rule, driven by a marked increase in cyberattacks in recent years. Contractors have called on the Pentagon to extend the compliance date, but the department has refused, and many companies, particularly smaller ones, are struggling with its implementation, if not directly then in meeting the requirement to “flow down” the rule throughout their supply chains.
It’s not just that implementing the rule on time is proving to be a struggle for many contractors; failure to meet the requirements of the rule opens them up not only to consequences directly from the DOD but also to new fronts of False Claims Act liability, attorneys noted.
“It’s only a matter of time before we see a False Claims Act suit filed against a contractor for falsely certifying compliance with [that] DFARS clause,” Beezley said.
The complete article, “Top Gov’t Contracts Policy Developments Of 2017,” appeared in Law360 on December 20, 2017.