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U.S. Government Intervenes in Georgia Tech Cybersecurity False Claims Case

The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. The Government alleges that Georgia Tech failed to comply with the...more

The Department of Defense Issues New Proposed Rule Implementing Contractual Requirements Related to CMMC 2.0

The DoD takes yet another step towards full implementation of CMMC 2.0. The proposed rule aims to implement many of the aspects of the Cybersecurity Maturity Model Certification program by amending the Department of...more

Proposed Rules Overhaul Cybersecurity Requirements for Government Contractors

The Federal Acquisition Regulation (FAR) Council has proposed two new cybersecurity rules that would impose significant obligations and risks for federal government contractors. The proposed rules impose substantial cyber...more

Department of Defense Designates Eight Technology Hubs to Create “Lab to Fab” Pathways for Microelectronics Researchers

The designation of new technology hubs is a major implementation milestone of the new Microelectronics Commons program, created by the CHIPS Act. The Department of Defense (DoD) Microelectronics Commons program, created...more

DHS Implements New Security and Privacy Measures for Controlled Unclassified Information

The Department of Homeland Security amended its regulations due to the urgent need to protect Controlled Unclassified Information. On June 21, 2023, the Department of Homeland Security (DHS or Department) issued a final...more

DOJ Announces Civil Cyber-Fraud Initiative to Combat Cybersecurity Threats

DOJ launches new initiative that promises to use the False Claims Act to combat cybersecurity threats by targeting government contractors who knowingly fail to comply with cybersecurity protocols. The Civil Cyber-Fraud...more

Bipartisan Senators Introduce Cyber Incident Notification Act of 2021

The legislation would require all federal contractors to report potential and actual cybersecurity incidents to the Department of Homeland Security. The Act would impose a 24-hour reporting requirement on federal...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 Codifies the NISPOM and Makes Other Changes Regarding Access to Classified Information

The Department of Defense issued a final rule adding the National Industrial Security Program Operating Manual (NISPOM) to the Code of Federal Regulations (CFR) and making other changes relevant to contractors that access...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

DoD Cyber Rules Will Affect All Government Contractors

The Department of Defense (DoD) is planning to release Volume 1.0 of the Cyber Maturity Model Certification (CMMC) framework, which will affect the award and continued performance of all DoD contracts. In response to the...more

GAO Publishes Fiscal Year 2019 Bid Protest Statistics

GAO’s sustain rate dropped to 13 percent, the lowest level since Fiscal Year 2015. Protest activity at the GAO decreased by 16 percent over the previous year....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

Government Contract Acquisitions and the Pending Proposal Problem

Government Accountability Office (GAO) protest decision casts doubt on the viability of pending proposals following government contract asset sales. GAO held that agency reasonably disqualified contractor whose quotation...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

When Is a Successful Protester Not a “Prevailing Party”? - Agency’s decision to take corrective action in a bid protest at the...

In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more

Proposed Changes to GAO Bid Protest Rules: Greater Formality, Overall Familiarity

On April 15, 2016, the Government Accountability Office (GAO) issued a proposed rule in the Federal Register that would amend its current bid protest regulations, codified at 4 C.F.R. Part 21.1 The proposed rule adds a degree...more

House Small Business Bill Could Have a Large Impact on Small Businesses

On March 25, 2015, the House Small Business Committee approved The Small Contractors Improve Competition Act of 2015 (H.R.1481) (“SCICA”), which would amend the Small Business Act and the National Defense Authorization Act...more

Executive Order Issued on Minimum Wage for Federal Contractors and Subcontractors

On February 12, 2014, President Obama issued an Executive Order to raise the minimum wage for Federal contractors and subcontractors under certain contracts, as he had foreshadowed in this year’s State of the Union. The...more

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