Last week, the Trump administration made its priorities clear for the nation’s cybersecurity posture in the form of the newly issued executive order entitled “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity...more
6/13/2025
/ Artificial Intelligence ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FedRAMP ,
Foreign Adversaries ,
Government Agencies ,
Internet of Things ,
National Security ,
NIST ,
Popular ,
Regulatory Reform ,
Risk Assessment ,
Risk Management ,
Trump Administration
A flurry of presidential directives, agency communications, and court orders has left federal contract and grant recipients with operational disruptions and in a state of confusion. As we write, it has been difficult to...more
2/3/2025
/ Compliance ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Government Agencies ,
Grants ,
OMB ,
Regulatory Freeze ,
Suspensions & Debarments ,
Termination for Convenience ,
Trump Administration
The Federal Acquisition Regulation (FAR) Council issued its long awaited proposed rule on Controlled Unclassified Information (CUI) on January 15, 2025. The proposed rule establishes a common form to be used by all federal...more
1/24/2025
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Defense Contracts ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
NIST ,
Proposed Rules ,
Reporting Requirements ,
Risk Management ,
Subcontractors ,
Subcontracts
Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies that provide software and cloud services to the federal government, the Biden administration has...more
1/20/2025
/ Artificial Intelligence ,
Biden Administration ,
Cloud Computing ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Department of Defense (DOD) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FedRAMP ,
Foreign Adversaries ,
NIST ,
OMB ,
Pay Equity Laws ,
Privacy Laws ,
Regulatory Reform ,
Risk Management ,
Software ,
Supply Chain ,
Trump Administration
The Biden Administration withdrew a proposed climate change-inspired amendment to the Federal Acquisition Regulation (FAR) one week before former President Donald Trump’s return to the White House. According to a notice...more
1/17/2025
/ Biden Administration ,
Carbon Emissions ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Proposed Rules ,
Regulatory Agenda ,
Reporting Requirements ,
Rulemaking Process ,
Sustainability ,
Trump Administration
On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more
1/14/2025
/ Biden Administration ,
Compliance ,
Contract Terms ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Intellectual Property Protection ,
New Legislation ,
Regulatory Requirements ,
Software ,
Source Code
On December 4, 2024, the House passed the Strengthening Agency Management and Oversight of Software Assets (SAMOSA) Act, a bipartisan bill that is now before the Senate. Under the SAMOSA Act, federal agencies are directed to...more
Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more
5/17/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bid Solicitation ,
Contractors ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
NDAA ,
Safe Harbors ,
Semiconductors ,
Subcontractors ,
Supply Chain
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
1/4/2024
/ Anti-Kickback Statute ,
Compliance ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Care Providers ,
Healthcare Fraud ,
Internal Investigations ,
Patient Referrals ,
Pharmaceutical Industry ,
Popular
On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes...more
1/3/2024
/ Antitrust Provisions ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Goods or Services ,
Inflation Adjustments ,
NDAA ,
Popular ,
SDVOSB ,
Small Business ,
Supply Chain
The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
IaaS ,
National Security ,
NIST ,
Office of Science ,
OMB ,
Risk Management ,
Secretary of Commerce ,
Semiconductors ,
Technology ,
Technology Sector ,
Transparency
In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National...more
10/9/2023
/ Cloud Storage ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Information Technology ,
Internet of Things ,
NASA ,
National Security Agency (NSA) ,
NIST ,
OMB ,
Popular ,
Proposed Rules ,
Risk Management ,
Subcontractors
In the extensive chatter since the Federal Acquisition Regulatory Council (“FAR Council”) published an interim rule on the new Federal Acquisition Regulation (FAR) 52.204-27, “Prohibition on a ByteDance Covered Application,”...more
On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act...more
7/15/2020
/ Breach of Contract ,
China ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Interim Rule ,
NDAA ,
Offerors ,
Subcontractors ,
Surveillance ,
Telecommunications ,
Waivers
The U.S. Government Accountability Office (GAO) recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation (FAR), Subpart 9.5, during a protest to render academic a...more