Filed under: Code of Business Ethics and Conduct, Compliance, Department of Defense, DFARS, GAO | Tags: 2011, B-404833.4, certify, compliance, Corp., Defense Federal Acquisition Regulation Supplement, Department of Defense, DFARS, DFARS part 252.203-7005, DoD, ethics and conduct, November 18, revolving door, VSE
The Department of Defense (DoD) has finalized a new rule that requires defense contractors to certify compliance with the federal “revolving door” rules that restrict former DoD employees’ activities after they enter the private sector. Although contractors are already expected to ensure compliance with these laws and regulations under the existing contractor “business ethics and conduct” requirements, the new rule’s certification requirement introduces potentially severe consequences for failing to comply, and essentially shifts the responsibility to the contractor to ensure that its employees are abiding by the post-employment restrictions. The rule is implemented at Defense Federal Acquisition Regulation Supplement (DFARS) part 252.203-7005. (more…)
Filed under: Environmental, FAR, Federal Acquisition Regulation, Procurement, Sustainability | Tags: 2011, August 1, Department of Defense, DoD, Environmental, environmental management system, Executive Order 13423, Executive Order 13514, FAC 2005-52, FAR Case 2010-001, General Services Administration, GSA, May 31, NASA, Procurement, Sustainability, sustainable building design, sustainable technologies
On May 31, 2011, federal agencies joined retailers, such as Walmart and Target, in embracing sustainability in their acquisition policy. An interim rule amending the Federal Acquisition Regulation (FAR) requires federal agencies, with certain exceptions, “to foster markets for sustainable technologies, materials, products, and services” by implementing new, more stringent product and high-performance sustainable building design, construction, renovation, repair, maintenance, and management practices. (Sustainable Acquisition Interim FAR). Since this is an interim rule, the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration are accepting public comments until August 1, 2011.
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Questions? Contact William J. Walsh, Pepper Hamilton LLP
Filed under: Department of Defense, Renewable Energy | Tags: Department of Defense, DFARS, DFARS 217.175, DoD, Energy Savings, Energy Savings Performance Contracts, ESPC, Renewable Energy
Last month the Department of Defense (DoD) rolled out a new rule that enables DoD to enter into decade-long contracts for renewable energy. The diversification of DoD energy sources – which has taken on new meaning with the on-going crises in the Middle East and reawakened concerns about nuclear power – represents a continued shift towards thinking of energy self-sufficiency as a national security issue.
The new rule allows DoD to enter into renewable electricity contracts for up to 10 years (the previous cap was 5 years) where DoD can show that the purchase is cost-effective and the use of a long-term contract is necessary. The rule defines renewable energy as “electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.” The full rule is implemented at Defense Federal Acquisition Regulation Supplement (DFARS) section 217.175.
DOD has steadily improved its energy efficiency through the use of Energy Savings Performance Contracts (ESPCs); however, its annual energy spending continues to rise. While some renewable energy technology is not currently price-competitive, long-term renewable electricity contracts may become attractive where DoD is offered a discount over the long-term. Decade-long contracts are also a chance for contractors in emerging energy fields to establish long-standing relationships with DoD entities that may lead to additional business opportunities.
