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Read need-to-know updates, commentary, and analysis on Military issues written by leading professionals.

Top False Claims Act developments In 2017 for ADG companies

by Hogan Lovells on

The False Claims Act, 31 U.S.C. §§ 3729-3733, continues to pose unique liability risk for aerospace, defense, and government services (ADG) companies that directly or indirectly conduct business with the U.S. Government. In...more

Top commercial space developments in 2017 for ADG companies

by Hogan Lovells on

Thinking big and small(sat) satellites - The Huffington Post recently identified “Top 10 Tech Trends Transforming Humanity.”1 The first of these transformative tech trends was labeled “we are hyper-connecting the world”...more

Federal Court in Idaho Rules That a Government Contractor May Recover Consultant Fees, So Long as Those Fees Were Incurred in...

by Pepper Hamilton LLP on

The United States Department of Veterans Affairs (the “VA”) contracted with Sygnos, Inc. (“Sygnos”) for improvements to the electrical system at a VA hospital in Boise, Idaho. Sygnos subcontracted a portion of the work to...more

Weekly Update Newsletter - November 2016

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - Withholding of Unclassified Technical Data and Technology from Public Disclosure - The Department of Defense (“DOD”) Office of the Under Secretary of Defense for Acquisition, Technology, and...more

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

by Holland & Knight LLP on

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal...more

Discretion in Procurement: The GAO Finds for the Government

The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in...more

Second Circuit Finds FCA Claims about Night-Vision Goggles Lack Sufficient Particularity

by Dorsey & Whitney LLP on

On Wednesday, May 25, 2016, the Second Circuit affirmed the district court’s decision to dismiss FCA claims alleging that defendants supplied $1.5 billion worth of deficient night-vision goggles to the U.S. military. United...more

Opportunities for Increased Drug Sales to the VA

by Foley & Lardner LLP on

Pharmaceutical manufacturers that produce drugs in non-designated countries under the Trade Agreements Act (TAA) may now have an opportunity to increase their sales to the United States government. The Department of Veterans...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

by Burr & Forman on

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Final Government Contractor Basic Data Security Rule Issued

by WilmerHale on

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From...

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance...more

Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

DoD Proposes Cost Allowability Rule for Correcting Counterfeit Electronic Parts

The Department of Defense (“DoD”) recently proposed to make specified costs allowable that are associated with discovering and correcting counterfeit or suspect counterfeit electronic parts. DoD’s proposed rule would amend...more

US Government Contractors Face Another Reporting Obligation under Proposed Rule for Payment of Subcontractors

by Morgan Lewis on

If adopted as proposed, the costs to government contractors to implement changes necessary to meet the reporting obligations could be substantial. On January 20, the Department of Defense, General Services...more

Department of Defense Revises Landmark Cybersecurity Rule, Extends Deadline for Some Compliance Requirements

by WilmerHale on

On December 30, 2015, the Department of Defense (DoD) issued a second interim rule on Network Penetration Reporting and Contracting for Cloud Services, amending an earlier version issued on August 26, 2015. The new, amended...more

Extension given to DOD contractors to comply with cybersecurity requirements

The U.S. Department of Defense (DOD) issued an interim rule on December 30, 2015 that extended the deadline for DOD contractors to comply with security requirements for protecting non-classified, but sensitive government...more

Updates to the Department of Defense’s New Cyber Security Regulation

by Bryan Cave on

At the end of 2015, the US Department of Defense (DoD) issued a second interim rule, effective immediately, modifying cyber security control requirements it issued earlier in 2015. In particular, this second interim rule (1)...more

Department of Defense Provides Government Contractors a Grace Period for Compliance with Key Cybersecurity Requirements

In response to industry concerns and comments, on December 30, 2015, the Department of Defense issued a new interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity rules promulgated...more

An Evolving Landscape: Timeliness of government disallowance of expenses contained in incurred cost proposals may depend on...

The last three years have seen a run of Contract Disputes Act (CDA) statute of limitations (SOL) cases involving contractor incurred cost proposals (ICP). The sledding has been more difficult for contractors after the Federal...more

More Whistleblowing Means More Worries for Employers

by Foley & Lardner LLP on

If you are an employer in the health care or defense industry, in addition to compliance with the panoply of employment laws you must adhere to, employers must also be attuned to their exposure to whistleblower claims under...more

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

Department of Defense Issues New Cybersecurity Rules for Defense Agencies That Use Contractors and Cloud Services to Hold...

The U.S. Department of Defense (DOD) recently published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).1 The interim rule, effective August 26, 2015, focuses on two issues. First, the...more

DoD Issues White Paper Aimed at IR&D Costs

On August 26, 2015, the Department of Defense (“DOD”) issued a White Paper announcing that, beginning in FY 2017, all defense contractors will be required to notify DOD before undertaking any new Independent Research and...more

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

by Dentons on

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the...more

Weekly Update Newsletter - August 2015 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - DOD Issues Interim Rule to Amend DFARS: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)- The Department of Defense (DOD) issued an interim rule to amend...more

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