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Less Risk, More Reward: DoD Proposed Rule on Operational Contract Support Expands Overseas Contracting Opportunities

Client Alert | 1 min read | 01.22.21

On the heels of a 2019 Government Accountability Office report that recognized the Department of Defense’s (DoD) efforts in reducing risks associated with overseas operational contract support (OCS), DoD issued a proposed rule updating its OCS policies and procedures. The proposed rule continues DoD’s focus on enhancing its ability to effectively oversee, manage, and account for contractors supporting U.S. military operations to reduce the risk of fraud, waste, and abuse. This proposed rule seeks to:

  • Broaden the types of overseas operations for which contracted support may be used, to include non-contingency operations, such as humanitarian assistance or peace operations, or overseas military exercises;
  • Clarifies contractors’ responsibilities for deploying personnel in support of overseas operations, including medical and dental fitness standards;
  • Details the services that DoD is authorized to provide contractors; and
  • Promotes efficiency and transparency by removing internally-facing information requirements.

If adopted, this proposed rule will broaden the scope of military operations for which contractor support could be deployed. It would also provide clarity and consistency to other OCS procedures to allow contractors to better plan for compliance and the DoD to more effectively oversee contractors’ OCS performance. Comments on the proposed rule are due March 8, 2021.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....