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
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more
Government efforts to enforce cybersecurity control requirements have moved forward in the opening months of the Trump administration. Regardless of the changes coming to other areas of contracting and the Federal Acquisition...more
The Defense Logistics Agency (DLA), is cracking down on procurement fraud and contract fraud. It has recently issued multiple referrals for suspension or debarment, and it is targeting not only prime vendors, but...more
A recent United States Department of Justice (DOJ) announcement reinforces that enforcement of cybersecurity requirements under the False Claims Act (FCA) remains an ongoing risk. According to the press release, defense...more
The Department of Justice (DOJ) recently announced that it obtained more than $2.9 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending Sept. 30, 2024. DOJ reports that matters that...more
The Department of Defense (DoD) published a Final Rule earlier this month formally implementing the Cybersecurity Maturity Model Certification (CMMC) Program. This Final Rule is the culmination of five years of work to...more
The US Department of Defense (DoD) has issued a proposed rule to implement its long-awaited Cybersecurity Maturity Model Certification program (CMMC 2.0). This proposed rule — released on December 26, 2023, and published in...more
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
Two years after announcing the second iteration of the U.S. Department of Defense's (DoD) Cybersecurity Maturity Model Certification (CMMC) program, the DoD released its proposed rule that, if adopted, will implement the...more
In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more
Department of Defense (DOD) Notice and Request for Comments: Negotiation of a Reciprocal Defense Procurement (RDP) Agreement with the Republic of India - On October 10, 2023, DOD issued a notice that, on behalf of the...more
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
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
On February 7, 2023, the U.S. Department of Justice (DOJ) announced its fiscal year (FY) 2022 False Claims Act (FCA) statistics. Utilizing DOJ’s FY 2022 Data Table and comparing back to our FY 2021 coverage, MoFo’s FCA team...more
GOVERNMENT CONTRACTS - DOD Releases Small Business Strategy The Department of Defense (DOD) released its Small Business Strategy. The strategy seeks to promote a strong, dynamic, and robust small business industrial base...more
On October 5, 2022, the Department of Defense (DOD), in compliance with Section 889 of the National Defense Authorization Act for Fiscal Year 2019, released an updated list (Blacklist) of banned People’s Republic of China...more
A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more
Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more
2019 has been a year of pivotal developments for defense contractors in the realm of cybersecurity compliance. The Department of Defense (DoD) issued six guidance memoranda to assist its acquisition personnel in developing...more
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - Small Business Administration – SBA issued a rule extending the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot) through September 30, 2021. The 504 Rural...more
Although the Department of Defense (DOD) has long required its contractors to provide “adequate security” to protect “Covered Defense Information,” beginning on January 1 of this year, the Department specified that “adequate...more