News & Analysis as of

False Claims Act (FCA) Subcontractors Department of Defense (DOD)

Bradley Arant Boult Cummings LLP

Best Practices for Due Diligence in Government Contractor M&A Transactions

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

Dickinson Wright

Cyber Risk, Real Consequences: DOJ Steps Up Enforcement

Dickinson Wright on

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

Oberheiden P.C.

10 Critical Facts for Defense Logistics Agency (DLA) Contractors Facing Suspension or Debarment

Oberheiden P.C. on

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

Foley & Lardner LLP

Latest FCA Cybersecurity Settlement Shows Enforcement Remains a Priority Under Trump Administration

Foley & Lardner LLP on

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

Bradley Arant Boult Cummings LLP

DOJ Reports Substantial Procurement Fraud Recoveries in FY 2024

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

Miles & Stockbridge P.C.

DoD Issues Final Rule for CMMC Program, Finally Setting the Stage for Full Implementation

Miles & Stockbridge P.C. on

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

Goodwin

CMMC 2.0: Defense Contractors Get Ready

Goodwin on

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

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Delivers Highly Anticipated CMMC Proposed Rule

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

Holland & Knight LLP

Department of Defense Releases Long-Awaited CMMC Proposed Rule

Holland & Knight LLP on

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

Sheppard Mullin Richter & Hampton LLP

New Year, (Potentially) New Definition for “Subcontract”

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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2023 #3

PilieroMazza PLLC on

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

Morrison & Foerster LLP - Government...

The FAR Council’s Proposed Cybersecurity Overhaul: Lots Of Questions, But Only Some Answers

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

Benesch

GSA/DoD Transportation Law Primer

Benesch on

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

Morrison & Foerster LLP

DOJ Releases False Claims Act Statistics for Fiscal Year 2022

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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2023

PilieroMazza PLLC on

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

PilieroMazza PLLC

DOD Releases New List of Section 889 Banned Entities

PilieroMazza PLLC on

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

Pillsbury Winthrop Shaw Pittman LLP

Contractor Settles Cybersecurity-Related False Claims Act Suit for $9 million

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

Foley & Lardner LLP

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

Foley & Lardner LLP on

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

Polsinelli

Counting Down to 2020 and the Department of Defense’s Cybersecurity Maturity Model Certification Program

Polsinelli on

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

PilieroMazza PLLC

Weekly Update Newsletter - September 2019

PilieroMazza PLLC on

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

Bradley Arant Boult Cummings LLP

Three Ways that Counsel Can Assist Defense Contractors Achieve Proactive Compliance with the Department of Defense’s Newly...

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

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