DFARS

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Intellectual Property Issues for Government Contractors

OVERVIEW - - Intellectual property - Types of intellectual property - Trademarks - Trade secrets - Copyrights - Patents - Data right Please see full Presentation below for more...more

What is Technical Data and How Do You Protect It

Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See...more

Final Government Contractor Basic Data Security Rule Issued

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

Weekly Update Newsletter - May 2016

GOVERNMENT CONTRACTS - DFARS: Multiyear Contract Requirements - DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act...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

DOD Expands Cyber Security Rules for Defense Contractors

Action Item: Through a new version of its Cyber Security Clause, the Department of Defense (“DOD”) is directing defense contractors to extend their cyber defense and reporting requirements beyond their recognizable supply...more

Data Rights Under Federal Government Contracts: What Are Data rights?

Data rights under federal government contracts create confusion from both the government and the contractor perspectives. There is substantial misunderstanding as to the purpose of the data rights regulations and the limits...more

Weekly Update Newsletter - April 2016

SMALL BUSINESS - Clauses With Alternates—Small Business Programs - The Department of Defense (DOD) issued a final rule amending DFARS to clarify clauses and their prescriptions for small business programs and to...more

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - United States

Legal Framework - Summarise the main statutes and regulations that promote cybersecurity. Does your jurisdiction have dedicated cybersecurity laws? The United States generally addresses cybersecurity...more

Government Contracts Quarterly Update February 2016

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. In This Issue...more

Intellectual Property in Government Contracts – Landmines Abound

Intellectual property is often a company’s most valuable asset. For companies with federal government customers, following the government’s rules can mean the difference between maximizing and losing value in newly developed...more

The UK Modern Slavery Act and Supply Chain Responsibility

In October 2015, the UK Modern Slavery Act (MSA) became effective, which requires all companies doing business in the UK with worldwide turnover of at least £36 million (or approximately $51 million as of the date of this...more

The gift of time: A second DOD interim rule grants contractors additional time to comply with cyber security requirements

The US Department of Defense (DOD) earlier today issued a second interim rule, effective immediately, that gives affected contractors until December 31, 2017, to implement fully compliant cyber security controls....more

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

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

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

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

Weekly Update Newsletter - December 2015

GOVERNMENT CONTRACTS - Voluntary Post-Award Disclosure of Defective Pricing - The DOD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to stipulate that DOD contracting officers...more

Contractors Beware: An Overly Broad Confidentiality Agreement Could Cost You!

On October 29, 2015, DOD renewed the DFARS deviation implemented in February, which prohibits contracting with entities that require employees or subcontractors to sign internal confidentiality agreements or statements that...more

An Overbroad Confidentiality Agreement Could Cost Your Company a DoD Contract, or Worse

Action Item: Defense contractors should promptly examine their personnel policies and employee confidentiality agreements to avoid a serious risk created by a new DoD Contract Clause and Certification. If a contractor’s...more

Alert: Department of Defense Finalizes Cybersecurity Rule Impacting IT Contractors

On October 30, 2015, the Department of Defense ("DoD") issued a new rule, Requirements Relating to Supply Chain Risk, requiring its agencies to evaluate cybersecurity risks when considering contractors who provide Information...more

New DoD Cybersecurity Rule and How Contractors Can Reduce Their Risks

The Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases...more

Counterfeit Parts Rule: Do You Know Where Your Parts Came From?

You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the...more

Defense Department Proposes to Expand Applicability of Electronic-Counterfeit-Parts Regulations; Tens of Thousands of Contractors...

It has long been a goal of the Federal government to eliminate counterfeit parts—parts of unknown (and likely false) origin and uncertain reliability—from the procurement supply chain. But these efforts have picked up pace...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

Have DoD Contractors and Subcontractors Been Drafted? Once Voluntary Defense Industrial Base CS/IA Regulations Now Mandatory and...

When last we left the Department of Defense, they had issued a rather wide-reaching interim DFARS rule addressing cybersecurity practices, data retention, and cloud services purchasing guidance. Now, effective October 2,...more

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