Much has been and will be written on responsibility determinations and compliance programs in federal contracting, particularly at the intersection of cybersecurity and recent developments. Although a federal contract is not...more
Earlier this month (on May 2, 2024) the Defense Department (DOD) issued Class Deviation—Safeguarding Covered Defense Information and Cyber Incident Reporting effective that day....more
Last month the Federal Acquisition Regulatory (FAR) Council announced a major proposal regarding cybersecurity incident reporting and information. Comments currently are now due by February 2, 2024....more
11/14/2023
/ Compliance ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Internet of Things ,
Popular ,
Reporting Requirements ,
Risk Assessment
Keeping track of current Federal Cybersecurity Requirements can be challenging. Not long ago, compliance was largely a matter of self-certification. Cybersecurity requirements were often given affirmation in principle but...more
Compliance is front-and-center in federal contracting. As our previous alert observed, many businesses are subject to federal compliance obligations. Compliance obligations require a choice of how to comply. There are...more
Many businesses regard themselves as purely commercial, and not as government contractors. Even though a company may not sell directly to the government, this position may be sadly mistaken for several reasons. Among these...more
As noted in a previous Clark Hill legal alert, the Supreme Court granted certiorari and will hear (in April) oral argument in two important cases (now consolidated) involving interpretation of a critical element of the False...more
On Sept. 29, 2020, the Department of Defense (DOD) issued three new provisions to the Defense Federal Regulation Acquisition Supplement relating to information security. These new provisions implement DOD’s Interim Rule of...more
In the afternoon last Monday (May 18, 2020), Defense Pricing and Contracting posted its promised Draft DOD Process for Section 3610 Reimbursement: Implementation Guidance. That draft guidance package consists of a document...more
There is a consistency of approach among agencies’ implementation of the programs recently enacted by Congress in response to the COVID-19 Pandemic. While there have been hiccups in the implementation as the federal (and...more
Among the several statutes recently enacted by Congress, there is a consistent, interlocking series of programs designed to address urgent needs of both individuals and businesses in a methodical and broadly prioritized way....more
As observed in prior client alerts, the spread of COVID-19 is and will create unique challenges for companies doing business with the Federal Government. ...more
This was updated March 20 to reflect new information related to the COVID-19 pandemic. As matters deepen regarding COVID-19 and the various governmental policy (and other) responses to it, a level of clarity regarding effects...more
Effective March 16, 2020, the Department of Defense has banned all domestic travel for personnel and families in response to the COVID-19 situation. ...more
The U.S. Government Accountability Office (“GAO”) announced that, beginning May 1, 2018, bid protests with the GAO must be submitted electronically through its new electronic bid protest docketing system. Along with this new...more
No business wants to voluntarily lose thousands, perhaps even millions of dollars in sales without a good reason. And yet, that is what many business unintentionally do, particularly businesses that sell to entities funding...more