Justice Bans Foreign Nationals From Its IT Work

The Justice Department has banned contractors from using foreign nationals for future work on the agency's information technology systems unless the department chief information officer issues a waiver.


In an order dated July 12, the department said: "Foreign nationals shall not be authorized access to assist in the development, operation, management or maintenance of department IT systems" unless the CIO has granted a waiver.


The order does not retroactively apply to existing IT contracts; it does apply to new requests for proposal. The Justice Department also can approach contractors on current projects and ask them to incorporate this standard.


One problem with this, according to Richard Rector, a partner with the Washington law firm Piper Marbury Rudnick & Wolfe LLP, is that the Justice Department does not yet have waiver procedures in place. The order could be particularly significant for overseas locations, Rector said, where foreign nationals are the labor force.


Rector said the advice he received from a Justice Department official was that contractors "should go to their contracting officer and say 'We're aware of this issue, and we'd like to get a waiver for Mr. X and Mr. Y.' " The request should be put in writing with a description of its basis, so the contracting officer can forward it to the CIO for the particular agency.


This new order "could be an expensive trap for the unwary," Rector said. "They're probably going to incorporate this order into new contracts. A lot of contractors could just miss it, sign up unwittingly, price the job thinking they're going to staff one way and then find out" they need to make significant, and costly, changes.