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DOD Revolving-Door Rule Could Lead To New FCA Claims

Nov.18.2011 — Government Contracts Law360

Washington, D.C.-based Government Contracts Group counsel, Peter Eyre, speaks to Government Contracts Law360 about the finalization of the Department of Defense’s (DOD) rule requiring defense contractors to certify that any former DOD officials they employ are complying with federal revolving-door laws, a rule that could have implications for future False Claims Act (FCA) and bid protest cases. Under the new rule, contractors must represent that their employees are not violating any restrictions on their post-government employment.

According the Eyre, “The new rule doesn't change the restrictions themselves, but does put responsibility more squarely in the lap of defense contractors. Historically, this is an obligation that has focused on the individual [employees]. Now the companies really have a significant role to play because [the new requirement] is a corporate certification.”

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