WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
On August 10, 2023, the U.S. Department of Defense (DOD) announced the creation of Task Force Lima, which will focus on generative artificial intelligence (AI) responsibility and strategy issues. The task force announcement...more
[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.]
Artificial Intelligence (AI) seems to be infiltrating...more
It is hardly news that artificial intelligence (AI) has captured attention across the federal government. Wiley’s multidisciplinary AI team has been involved in efforts at the National Institute for Standards and Technology...more
6/1/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Department of Defense (DOD) ,
Discrimination ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
National Security ,
NIST ,
OSTP ,
Request For Information ,
Risk Management
WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more
At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more
3/1/2023
/ Bring Your Own Device (BYOD) ,
Clawbacks ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OIG ,
Self-Disclosure Requirements
WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more
Activity in the government contracts industry has been heating up over the last year as the United States tackles the pressing issues of our rapidly changing world. In this episode, Wiley partners Kara Sacilotto, Tracye...more
WHAT: The U.S. Department of Defense (DoD) issued a final rule implementing the requirement for enhanced debriefings established in Section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 and since...more
On today’s episode of the Women in Government Contracting podcast, Wiley partners Tracye Howard and Kara Sacilotto are joined by Edda Emmanuelli Perez, General Counsel of the U.S. Government Accountability Office (GAO). Edda,...more
WHAT: In a decision released on February 4, 2022, the Court of Federal Claims (COFC) declined to follow the Government Accountability Office’s (GAO’s) rule that offerors are obligated to inform agencies when proposed key...more
On December 15, 2021, Congress passed the National Defense Authorization Act (NDAA or Act) for Fiscal Year (FY) 2022, which President Biden is expected to sign into law soon. As usual, the NDAA contains numerous provisions...more
12/22/2021
/ Biotechnology ,
China ,
Contract Termination ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Dual Use Goods ,
Federal Contractors ,
Forced Labor ,
Made in the USA ,
NDAA ,
Popular ,
Procurement Guidelines ,
Risk Assessment ,
Risk Management ,
Small Business ,
Supply Chain
WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more
On the Inaugural episode of the Women in Government Contracting podcast, Wiley’s Tracye Howard and Kara Sacilotto are joined by Emma Sharma, Founder and Principal of the Swallowtail Group. The trio discusses how to leverage...more
It is hard to believe 2021 is in the back stretch. At the beginning of the year, we made predictions of what might come from the change in Administration in 2021. In this article, we take a look at what has happened in 2021...more
WHAT: On October 21, 2021, the Safer Federal Workforce Task Force posted new Q-and-A guidance relevant to contractors covered by Executive Order (EO) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more
WHAT: The U.S. Department of Defense (DoD) has issued a proposed Defense Federal Acquisition Regulation Supplement (DFARS) rule to implement Section 803 of the Fiscal Year 2020 National Defense Authorization Act (FY2020 NDAA)...more
Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more
On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more
On May 12, 2021, President Biden issued the long-expected Executive Order on Improving the Nation’s Cybersecurity (“EO” or “Order”). The EO comes amidst a series of high-profile cyber-attacks on the Nation and its critical...more
5/13/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cyber Crimes ,
Cybersecurity ,
Executive Orders ,
Federal Contractors ,
Information Technology ,
National Security ,
Private Sector ,
Reporting Requirements ,
Supply Chain
WHAT: As anticipated, President Biden issued an executive order (EO) on Wednesday raising the minimum wage to $15 for many employees of federal contractors, effective January 30, 2022. All agencies will need to incorporate...more
On January 20, 2021, the first day of the Biden Administration, the President took several executive actions that affect government contractors. The President is expected to sign an additional Executive Order (EO) today that...more
On January 6, 2021, the U.S. Department of Defense (DOD) issued a revised class deviation, superseding Class Deviation 2021-O0001, issued on November 20, 2020 that implemented Executive Order 13950, Combating Race and Sex...more
WHAT: The U.S. District Court for the Northern District of California has issued a preliminary injunction barring the Government from enforcing portions of Executive Order (EO) 13950, Executive Order on Combatting Race and...more
When the Biden Administration begins, the government contracting community may be wondering whether the change in administration and party in the White House will lead to significant changes to federal procurement. Although...more
11/17/2020
/ Biden Administration ,
Biomedical Advanced Research and Development Authority (BARDA) ,
Buy American Act ,
CFIUS ,
Federal Contractors ,
Federal Procurement Systems ,
Infrastructure ,
Joe Biden ,
National Security ,
NDAA ,
Small Business ,
Supply Chain