The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Podcast - Navigating the Updated SF-328 Form
Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community
Diversifying Your Contract Pipeline by Maximizing Opportunities through the DOD’s Mentor Protégé Program
A Comprehensive Overview of FOCI Mitigation
Podcast - Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector, Part 2
Mitigating FOCI Under Section 847
Episode 345 -- Raytheon Pays $950 Million to Resolve Fraud, FCPA, ITAR and False Claims Act Violations
Everyone Come to Play: Exploring FOCI Mitigation Instruments
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Navigating Personnel Security Clearances (PCLs)
Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification
What Is an FCL and How Do I Obtain One?
Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors
Intellectual Property In Department of Defense Contracting
The When, Where, Why and How of CMMC with Fernando Machado
Earlier this year, the Department of Defense (DoD) published an “Intellectual Property Guidebook for DoD Acquisition.” It is the culmination of many years of work and the most insightful data rights guidance out of the...more
The Department of Defense (DoD) is revving its engines again—this time to rocket past its own software acquisition drag. Launched via an April 24 memo from Acting DoD CIO Katie Arrington, the DoD’s Software Fast Track (SWFT)...more
New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor Utilization - The Department of Defense (DoD) has issued a significant policy memorandum “to...more
On April 15, 2025, the Department of Defense (DoD) released official guidance on Organizationally Defined Parameters (ODPs) appearing in the newly published NIST SP 800-171 Revision 3. At the same time, the DoD reaffirmed...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for avoiding product substitution issues in government contracting. Product substitution is...more
Government contractors and subcontractors should be on the lookout for contract modifications as agencies begin implementing DEI-related Executive Orders....more
On January 15, 2025, the FAR Council finally released a proposed rule (the Rule)1 regulating the use and handling of controlled unclassified information (CUI) as a part of the general strategy to reduce threats of...more
As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more
On January 15, 2025, the Department of Defense (DOD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, “the FAR Council”) issued a long-anticipated proposed...more
After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the...more
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
To kick off the New Year (and as is now tradition, since we put out a similar Recap & Forecast last year), Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2024...more
The Department of Justice recently celebrated the fifth anniversary of its Procurement Collusion Strike Force (PCSF), and all signs point to the PCSF continuing to be a Division priority into 2025 and beyond....more
On October 15, 2024, the Department of Defense (DoD) published the final rule for the Cybersecurity Maturity Model Certification (CMMC) Program that not only finalizes the long-anticipated CMMC Rule but also foreshadows what...more
After numerous fits and starts, on October 14, the Department of Defense (DoD) published a final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. Borne from documented deficiencies in the...more
The Justice Department’s global settlement included a significant False Claims Act resolution, resulting in a second deferred prosecution agreement (“DPA”) for a three-year term. A criminal information was filed in the...more
Raytheon’s criminal conduct cut across a variety of topics — it is difficult to imagine but Raytheon’s misconduct occurred in separate parts of the company, involving violations of different laws. Like most cases, I always...more
The CMMC program is designed to ensure that federal contract information (“FCI”) and Controlled Unclassified Information (“CUI”) are sufficiently protected by government contractors. For example, the CMMC program requires...more
The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with...more
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
Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that...more
Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more
U.S. Attorney Nikolas P. Kerest recently highlighted the severity of fraud by government contractors and subcontractors, emphasizing the importance of upholding the integrity of government procurement programs. These remarks...more
Over the holidays, the U.S. Department of Defense (DoD) issued proposed rules for updating its Cybersecurity Maturity Model Certification (CMMC) program from its existing Defense Acquisition Regulatory Supplement (DFARS)...more
Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more