IG Report Whacks DCMA's Oversight of Contractors' Business Systems
Client Alert | less than 1 min read | 10.13.15
On October 1, the DoD IG released a report entitled, "Evaluation of Defense Contract Management Agency Actions on Reported DoD Contractor Business System Deficiencies," asserting that DCMA contracting officers "repeatedly" failed to comply with DFARS requirements involving reported business system deficiencies. The report, which is similar to one issued on June 29 regarding DCMA's treatment of estimating system deficiencies (available here), focused its criticisms on DCMA, despite DCMA's comments noting that DCAA, rather than DCMA, is responsible for determining whether a "significant" business system deficiency exists.
Insights
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About one year ago, the European Court of Justice (CJEU) ruled in its landmark Illumina/Grail judgment that the European Commission could not accept merger referrals from national competition authorities under Article 22 of the EU Merger Regulation (EUMR) unless those authorities had jurisdiction to review the transaction themselves (see our previous alert).
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