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The Department of Defense Issues Final Rule Establishing CMMC 2.0

Less than 10 months after the issuance of its proposed rule, DoD has issued this final rule establishing the CMMC program. DoD’s issuance of the final rule demonstrates the government’s continued commitment to...more

Department of Defense Delivers Highly Anticipated CMMC Proposed Rule

The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability. The proposed rule allows for limited use of Plans of...more

Interim Rule Establishes New Supply Chain Diligence Requirements for Contractors

A new interim rule aimed at safeguarding the federal supply chain prohibits contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply...more

Cybersecurity Executive Order Will Impact Government Contractors

President Biden’s new Executive Order to improve cybersecurity involves a particular focus on federal government and contractor systems. President Biden’s Executive Order directs sweeping changes to cybersecurity...more

President Biden Issues an Executive Order Increasing the Minimum Wage for Many Employees of Federal Contractors to $15.00

The Executive Order is projected to increase the hourly wage paid to hundreds of thousands of Federal contractor employees. President Biden issued an Executive Order raising to $15.00 per hour the minimum wage that Federal...more

DoD Issues Interim Rule Implementing CMMC Cyber Rules for all DoD Contractors

Once CMMC has been rolled out, nearly all DoD contractors will need to be assessed by a third party for the issuance of a CMMC Certificate. The Interim Rule provides for a phased rollout over five years for all contractors...more

DoD Has Released Model Version 1.0 of the Cyber Maturity Model Certification Framework

- DoD has released the final version of the CMMC framework. - DoD anticipates that CMMC requirements will appear in a limited number of solicitations starting in October 2020 and that they will appear in all DoD...more

GAO Highlights Responsibility Exception to “Late Is Late” Rule

Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents. The FAR “late is late” rule requires rejection of untimely filed proposal...more

FAR’s Professional Compensation Clause and Keeping Things Real

Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts. An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

Government Contractor M&A Deals Beware

Recent Government Accountability Office (GAO) protest decision on standing holds key implications for government contract asset deals. GAO held that contractor who had sold relevant contract assets to another company...more

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