Military Government Contracting

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

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

Laws and Regulations Affecting Government Contractors

Government contractors wondering whether and when they can protest military and civilian task and delivery orders should be aware of recent changes in the law affecting a party’s right to protest before the General...more

Former NSA Contractor Indicted for Theft of Government Property

The United States Department of Justice (DOJ) has announced that a former contractor of a defense contractor has been indicted for stealing over 75 percent of hacking tools belonging to the Nations Security Agency’s offensive...more

Did the FAR Lose Its Mojo in the Government Contracts World? Depends

It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo. The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and...more

Hail to . . . The Contracting Officer in Chief? - Donald Trump, Lockheed Martin and the Art of the Government Deal

The art of the deal in government contracts is much more complex than in the private sector because public policies and principles attach to the use of public funds. President Donald Trump has made his federal...more

Warning Shot Fired (Finally) at Improper DCAA Cost Disallowance Basis

For a number of years, contractors have been required to expend substantial sums challenging baseless legal theories initiated by the Defense Contract Audit Agency (DCAA) and rubber-stamped by the Defense Contract Management...more

The Government Knowledge Defense to the False Claims Act after Universal Health Services

As recited in seemingly every brief and opinion involving the statute, the False Claims Act traces its history to the Civil War and efforts to deter and punish fraud on the Lincoln administration. The lure of treble damages,...more

LPTA Out, Fixed Price Contracts In

The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts...more

Government Contractor Defense May Apply to Commercially Available Products

The California Court of Appeal has confirmed that the “government contractor” defense may apply to products made available to both the federal government and commercial markets, even where the defendant did not design or...more

Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided...

California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and...more

NDAA to Reinstate GAO Task Order Jurisdiction

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds. The right of federal contractors to protest agencies'...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

Proposed Rule For Independent Research & Development (“IR&D”) Costs Raises Concerns

On November 4, 2016, the Department of Defense (“DOD”) issued a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to require DOD Contracting Officers to adjust offerors’ proposed...more

Department of Defense Proposes New Uniform Grant and Cooperative Agreement Regulations

On November 7, 2016, the Department of Defense (DoD) published six Notices of Proposed Rulemakings that collectively update the agency's existing interim regulations governing awards of grants and cooperative agreements. 81...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

Weekly Update Newsletter - November 2016

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

DoD’s Proposed Rule Would Create Additional Risk and Burdens for Contractors Handling Export-Controlled Information

The Proposed Rule creates a procedure for DoD to release unclassified technical data subject to EAR and ITAR to “qualified contractors,” which are defined to mean qualified U.S. and Canadian contractors. The Proposed Rule...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

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

Federal Contractors Be Aware: Rule on Tax Delinquencies and Felony Convictions Finalized

The U.S. government finalized on Sept. 30, 2016, regulations amending the Federal Acquisition Regulation (FAR) that will affect an estimated 350,000 federal contractors. These new regulations were promulgated as a result of...more

Fair Pay and Safe Workplaces Regulation, a/k/a Federal Contractor Blacklisting Regulation

On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...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

The FAR Councils Drop 10 FAR Amendments in End-of-Fiscal-Year Blitz

On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more

Weekly Update Newsletter - September 2016 #4

GOVERNMENT CONTRACTS - Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which will amend the DFARS to implement Section 861 of the NDAA 2016, which provides amendments...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

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