WeVote
Log In

Bill

Bill

S 4685

Ending Double Dealing Act of 2026

119th Congress Introduced by Joni Ernst

Prohibits DoD from contracting with consultancies tied to designated foreign entities, requires disclosures, and imposes debarment penalties for noncompliance.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 4685

Summary of Bill: Ending Double Dealing Act of 2026 (S.4685, 119th Congress)

Purpose and intent

  • Proposes to prohibit the Department of Defense (DoD) from contracting with certain consultancies that have connections to designated foreign entities and governments.
  • Aims to reduce potential conflicts of interest and national security risks arising from DoD mission-support consulting services that may be tainted by relationships with foreign adversaries.

Key provisions and changes

  • Prohibition on contracting with certain consultancies (b)(1):
    • The Secretary of Defense may not, after enactment, enter into, renew, extend, or otherwise effectuate any contract, grant, or other arrangement that yields financial benefit to a “covered consultancy.”
  • Disclosure requirement for offers (b)(2):
    • Any entity bidding to provide consulting services must disclose whether it has had contracts, grants, or financial awards from a “covered entity” in the prior five years, and whether such contracts or funds remain in effect or are unobligated/unexpended at the time of the DoD contract.
  • Penalties for non-disclosure (b)(3):
    • If the DoD determines a contractor failed to disclose as required, the contract can be terminated for cause and a suspension/debarment proceeding initiated.
    • Debarment may last up to 5 years.
  • Certification pathway (c):
    • Once deemed a “covered consultancy,” a company may certify in writing that it has ceased activities with covered entities and will not pursue new or ongoing engagements with such entities during the DoD contract term or while DoD funds are in use.
    • Certifications expire at the earlier of: (i) entry into/extending/renewing/performing under a contract with a covered entity, or (ii) when funds from DoD are no longer being used by the company.
  • Policies and guidance (d):
    • Requires DoD to issue policies within 180 days setting:
    • How to implement the prohibition.
    • Best practices for consultancies to avoid becoming “covered consultancies” and for covered consultancies to end their status.
    • Specific terms to be included in solicitations, contracts, and grants relating to these provisions.
  • Regulatory revision (e):
    • DoD Acquisition Regulation (DFARS) must be amended within one year to implement these provisions.
  • Definitions (f):
    • Consulting services align with “advisory and assistance services” in FAR 2.101, with certain exclusions.
    • Covered consultancy includes any firm that, in the past five years, failed to disclose required information, submitted false/misleading information to a federal agency, or failed to disclose conflicts.
    • Covered entity enumerates restrictions targeting:
    • China-related actors (PRC government, Chinese Communist Party, PLA, MSS, NS-CMIC list, Chinese military companies, etc.).
    • Entities directly or indirectly tied to China or adversarial regimes and certain sanctions/negative lists.
    • The Russian Federation and the Iranian regime, Cuba, Nicolas Maduro regime, and other listed foreign adversaries.
    • A broad set of lists and criteria from Commerce, Treasury, State Department, and other authorities define “covered entity” and related terms.
    • National security industries include military, semiconductors, quantum computing, AI, biotechnology, cybersecurity, critical minerals, and other emerging technologies.

Who is affected

  • DoD and its acquisition ecosystem (contracts, grants, and other agreements for advisory/assistance services).
  • Consulting firms that provide DoD mission-support services, especially those with past or current engagements with covered entities.
  • Entities seeking DoD contracts who must disclose prior or ongoing relationships with covered entities.
  • DoD personnel responsible for evaluating bids, enforcing disclosures, and implementing new DFARS policies.

Procedural and timeline aspects

  • Effective date: Upon enactment of the bill.
  • DoD policy issuance: Must publish implementing policies and best practices within 180 days of enactment.
  • Regulatory change: DFARS amendments required within one year of enactment.
  • Certification mechanism: Becomes available after a company is determined to be a covered consultancy and can be used to exit status under the outlined timelines.
  • Penalties: Termination for cause and up to 5-year debarment for nondisclosure.

Notable considerations

  • The bill targets defensive, national-security-related advisory services and seeks to prevent potential conflicts of interest via foreign-linked consultancies.
  • It creates a defined framework for identifying covered consultancies and for agencies to manage certifications, disclosures, and potential debarments.
  • The scope relies on extensive listing of foreign adversaries and entities, which could affect a broad set of international entities depending on evolving sanctions and lists.

Sponsor: Senator Joni Ernst (co-sponsor)
Status: Introduced and referred to the Senate Committee on Armed Services (as of the latest action).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.