Government Contracting Science, Computers & Technology

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Substantial Transformation of IT Products Under the TAA Requires Careful Consideration

The Trade Agreement Act (“TAA”) utilizes a “substantial transformation” test in determining the country of origin of an end product composed of various parts from various countries. Substantial transformation is assessed and...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

DFARS and DIB: Compliance Steps for DoD’s Newly Finalized Cybersecurity Rules for Contractors

For businesses that work with the U.S. Department of Defense (“DoD”), two important rules for safeguarding certain categories of sensitive information and reporting cyber incidents were recently finalized, updating the...more

FCPA Compliance Report-Episode 292-Jared Connors on FARs and DFARs [Video]

In this episode Jared Connors and I discuss: 1. What is a FAR? 2. What’s the differences with DFARs? 3. What types of companies should be concerned? 4. What are some examples of covered with these regulations? 5. What...more

Government Contracts Legislative and Regulatory Update - November 2016

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

Proposed IR&D DFARS rule would competitively punish technology innovators

Understanding that it will punish innovative contractors for engaging in independent research and development (IR&D) and taking on risks that would otherwise be borne by the government, on November 4, 2016, the US Department...more

Department of Defense Issues Final Version of Key Cybersecurity Rule

On October 21, 2016, the Department of Defense (DoD) issued its final rule on Network Penetration Reporting and Contracting for Cloud Services, amending an interim version issued on August 26, 2015, and revised on December...more

Department of Defense Issues Final Rule on Network Penetration Reporting and Contracting for Cloud Services

Last week, the Department of Defense adopted as final, with several changes, its interim rule amending the DFARS on “Network Penetration Reporting and Contracting for Cloud Services.” The changes went into effect...more

Department of Defense (DoD) Issues Final Rule on Safeguarding Covered Defense Information and Related Information Security...

On October 21, 2016, the Department of Defense (“DoD”) issued a final rule (the “final rule”) codifying the specific actions DoD contractors and subcontractors must take to adequately safeguard “covered defense information”...more

DoD Finalizes Cybersecurity and Cloud Computing Rule

On October 21, 2016, the Department of Defense (DoD) issued a final rule following-up on the interim rules it had issued on August 26 and December 30, 2015, regarding safeguarding contractor networks and purchasing cloud...more

DoD issues final rule on covered defense information clarifying contractor obligations

The US Department of Defense (DoD) issued a rule on Friday, October 21, 2016, finalizing its information security and cyber incident reporting requirements. The rule, Network Penetration Reporting and Contracting for Cloud...more

3D Printing Quarterly Report: Q3 - 2016

Study offers plan to make Northeast Ohio region the Silicon Valley of 3D printing - A report from the Youngstown Business Incubator and America Makes in Youngstown and Team NEO and Magnet in Cleveland offers a plan to...more

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for...

Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and...more

Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys

This article is the third installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were; then about technical data and how to protect it; and now we will discuss ownership, license...more

DoD Updates Cyber Incident Reporting Rule

On October 4, 2016, a final rule implementing statutory requirements for Department of Defense (DoD) contractors and subcontractors to report cyber incidents that result in an actual or potentially adverse effect on a covered...more

Washington Healthcare Update

This Week: Congress remains in recess, but members write letters on Mylan’s EpiPen…CBO says repealing Part B Demo would cost $395 million…CMS releases data on hospice utilization and finds spending and utilization vary in...more

DOJ Charges Defense Contractor with Removal and Retention of Classified Materials

The Department of Justice (DOJ) yesterday announced that it has charged a Maryland man, Harold Thomas Martin III with theft of government property and unauthorized removal and retention of classified materials by a government...more

Supreme Court Punts Again on FCA Claims Specificity

The U.S. Supreme Court recently denied certiorari in United States ex rel. Walterspiel v. Bayer AG. This case, arising out of the Fourth Circuit, raised yet again the question of how much detail a False Claims Act (FCA)...more

First Circuit Affirms Stringent Rule 9(b) Particularity Requirement in False Claims Act Cases

On June 17, 2016, the First Circuit issued an opinion addressing, among other things, the particularity requirement that applies in False Claims Act (“FCA”) cases where the defendants are not alleged to have directly...more

BIS Ends Encryption Registration Requirement and Announces Other Amendments to Encryption Rules (IRB No. 550)

On September 21, 2016, the Bureau of Industry and Security (“BIS”) announced various and wide-ranging amendments to the encryption rules in the Export Administration Regulations (“EAR”). Some of the changes in the amended...more

New Federal Telemedicine Grants Announced; Florida Not Listed

The U.S. Department of Agriculture just announced new grant funding awarded to seven telemedicine and 11 distance learning projects across 16 states to use technology to expand access to health care, substance misuse...more

CMS's Payment Suspensions Wreak Havoc: Understanding the Risks

CMS payment suspensions can cripple any provider's or supplier's operations. Yet, CMS has the authority to impose a payment suspension upon the mere existence of "reliable information" that an overpayment or fraud may exist....more

U.S. House Of Representatives Announces OPM Data Breach Findings

On Wednesday, September 7, Republicans on the U.S. House of Representatives’ Committee on Oversight and Government Reform released a report detailing the events leading up to the sweeping hack of the federal Office of...more

SEC Proposes Rule Amendments to Require Issuers to Include Hyperlinks to Exhibits in Filings

On August 31, 2016, the Securities and Exchange Commission (SEC) proposed amendments to its forms and rules that would require issuers that file registration statements and periodic and current reports, which include exhibits...more

Why Congress Should Act Quickly To Reauthorize SBIR, STTR

Despite bipartisan efforts, the future is uncertain for the by all accounts highly successful Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs. Authorization for the current...more

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