Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,...more
3/13/2020
/ Business Interruption ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Delay Claims ,
Emergency Management Plans ,
Federal Contractors ,
Force Majeure Clause ,
Foreign Commerce ,
Imports ,
Infectious Diseases ,
Liability Insurance ,
Performance Standards ,
Public Health ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Uniform Commercial Code (UCC)
At the end of December, China acknowledged the existence of the coronavirus, and this burgeoning heath crisis is becoming a supply chain problem. China, a major manufacturing hub for materials, products and components being...more
2/24/2020
/ Best Practices ,
Business Interruption ,
China ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Distributors ,
Emergency Management Plans ,
Force Majeure Clause ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Inventory ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Effects ,
Performance Standards ,
Policies and Procedures ,
Public Health ,
Reporting Requirements ,
Retail Market ,
Risk Management ,
Suppliers ,
Supply Chain ,
Third-Party Relationships
At the end of December, China acknowledged the existence of the coronavirus. We don’t know how long it has been around or how many people have actually contracted the virus. We do know the virus has spread at an alarming rate...more
2/13/2020
/ China ,
Emergency Management Plans ,
Emergency Response ,
Federal Contractors ,
Federal Procurement Systems ,
Global Marketplace ,
Health and Safety ,
Imports ,
Incident Response Plans ,
Infectious Diseases ,
Manufacturers ,
Public Health ,
Public Projects ,
Public Sector ,
Risk Management ,
Suppliers ,
Supply Chain
Earlier this month, it was reported that the National Security Agency (NSA) discovered a serious security flaw in Microsoft Windows 10 cryptographic functionality, CVE-2020-0601.That security flaw could render trust...more
2/4/2020
/ Controlled Defense Information (DDI) ,
Cybersecurity ,
Defense Sector ,
DFARS ,
Federal Contractors ,
Information Security ,
Just Compensation ,
Microsoft ,
National Security ,
National Security Agency (NSA) ,
Network Security ,
NIST ,
Popular ,
Security and Privacy Controls ,
Security Controls ,
Software ,
Supply Chain ,
Vulnerability Assessments
On January 16, 2020, the National Institute of Standards and Technology (NIST) issued its NIST Privacy Framework Version 1.0 (Privacy Framework). The Privacy Framework follows the same type of structure as the NIST Framework...more
1/24/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Cybersecurity Framework ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Privacy ,
Data Protection ,
Data Security ,
Framework Agreement ,
General Data Protection Regulation (GDPR) ,
NIST ,
Personal Data ,
Popular ,
Privacy Act of 1974 ,
Risk Management
The Department of Commerce (Commerce) recently issued a proposed regulation to better secure the United States’ information and communications technology and services (ICTS) supply chain. The ICTS supply chain supports how...more
1/17/2020
/ Agricultural Sector ,
Banking Sector ,
Information Technology ,
National Security ,
Prohibited Transactions ,
Proposed Rules ,
Risk Assessment ,
Rulemaking Process ,
Suppliers ,
Supply Chain ,
Technology ,
Telecommunications ,
U.S. Commerce Department
Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain...more
1/10/2020
/ Competition ,
Competitive Bidding ,
Contractors ,
Cost Accounting Standards (CAS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Gross Receipts ,
NAICS ,
New Legislation ,
Procurement Guidelines ,
Regulatory Requirements ,
Rulemaking Process ,
SBA ,
Small Business ,
Small Business Loans ,
Small Business Runway Extension Act ,
Subcontractors ,
Transitional Arrangements
Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains,...more
12/20/2019
/ Bid Protests ,
Competitive Bidding ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Popular ,
Public Bidding ,
Supply Chain
Supply chain risks are on the rise. Protecting the supply chain is a critical aspect of our national security, health and public safety. Whether parts are electronic or not, if they aren’t what they are represented to be,...more
11/26/2019
/ Counterfeit Goods Regulation ,
Counterfeit Parts ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Manufacturers ,
Medical Devices ,
Quality Control Plan ,
Reporting Requirements ,
Rulemaking Process ,
Suppliers ,
Supply Chain
Previously we reported on the Department of Defense (‘DoD”) efforts to develop a Cybersecurity Maturity Model Certification (“CMMC”) program to verify the status of contractor cybersecurity and compliance. The CMMC program...more
11/22/2019
/ Certification Requirements ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Information Governance ,
Information Management ,
Information Technology ,
NIST ,
Popular ,
Regulatory Agenda ,
Rulemaking Process
In the face of increasing concern over the security of Navy and Marine Corps (Navy) programs, the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) was updated on September 6, 2019 to incorporate significant...more
10/11/2019
/ Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Management ,
Data Protection ,
Defense Contracts ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Incident Response Plans ,
Popular ,
Public Procurement Policies ,
Reporting Requirements ,
U.S. Navy
Earlier this year, Assistant Secretary of Defense for Acquisition & Logistics Kevin Fahey announced that the Department of Defense (“DoD”) was working with Carnegie Mellon University and Johns Hopkins Applied Physics...more
9/12/2019
/ Best Practices ,
Comment Period ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Popular ,
Public Comment
In its recent decision in Criterion Systems, Inc. v. U.S., , the U.S. Court of Federal Claims (COFC) denied protester’s pre-award protest challenging the Agency’s rejection of its late submission of a revised quote in...more
Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by...more
8/24/2019
/ Comment Period ,
Due Diligence ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Rule ,
National Security ,
NDAA ,
Procurement Guidelines ,
Prohibited Transactions ,
Public Comment ,
Supply Chain ,
Surveillance ,
Telecommunications ,
US Trade Policies ,
Waivers
On July 15, 2019, President Trump signed his third Executive Order on the topic of buying American, “Executive Order on Maximizing Use of American-Made Goods, Products, and Materials.” ...more
8/12/2019
/ Buy America ,
Buy American Act ,
Construction Project ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Infrastructure ,
Procurement Guidelines ,
Supply Chain ,
Trump Administration ,
US Trade Policies
Cybersecurity continues to be an imperative for the protection of the Department of Defense (DoD) and its contractors' supply chain. On June 19, 2019, the National Institute of Standards and Technology (NIST) issued two draft...more
6/26/2019
/ Cyber Attacks ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Network Security ,
NIST ,
Popular ,
Security Controls ,
Security Standards ,
Supply Chain