News & Analysis as of

Supply Chain Federal Contractors

Fox Rothschild LLP

The Future of DOD Cybersecurity Is Here – The CMMC 2.0 Proposed Rule

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On August 15, 2024, the Department of Defense (DOD) announced the much-anticipated Proposed Rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to include Cybersecurity Maturity Model...more

Mayer Brown

US DoD Proposes Final Rule to Incorporate Contractual Requirements for the Cybersecurity Maturity Model Certification (CMMC)

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On August 15, 2024, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the Cybersecurity...more

Womble Bond Dickinson

The Evolution of National Security in the U.S. and U.K.

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The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and...more

Womble Bond Dickinson

DoD Instruction Intended to Protect Defense Supply Chain: Defense Contractors and Subcontractors Subject to Additional Filings and...

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Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at...more

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

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On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s (US DOL's) August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal...more

Wiley Rein LLP

Cybersecurity Updates: NIST Publishes SP 800-171 Revision 3. What Changed, and What Comes Next?

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In May 2024, the National Institute of Standards and Technology (NIST) published Special Publication 800-171 Rev 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, and the accompanying...more

Akin Gump Strauss Hauer & Feld LLP

New Cybersecurity Controls for Government Contractors: NIST Revises SP 800-171

In May, the National Institute of Standards and Technology (NIST) issued updated recommendations for security controls for controlled unclassified information (CUI) that is processed, stored or transmitted by nonfederal...more

Fenwick & West LLP

A Reminder for Defense Innovators: Comply with Supply Chain Requirements in DoD Prime and Subcontracts

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U.S. Attorney Nikolas P. Kerest recently highlighted the severity of fraud by government contractors and subcontractors, emphasizing the importance of upholding the integrity of government procurement programs. These remarks...more

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more

McCarter & English Blog: Government Contracts...

Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

If you happen to be a government contractor and are contemplating additions to your Summer reading list, consider adding the FAR Council’s May 3, 2024 advanced notice of proposed rulemaking (“ANPR”) to the mix. The ANPR,...more

Bass, Berry & Sims PLC

FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors

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On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive...more

Morgan Lewis

US Government Continues Coordinated Efforts to Place Restrictions on Chinese Semiconductors

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The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...more

Holland & Knight LLP

Foundational Cybersecurity Standards for Contractors Updated

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The National Institute of Standards and Technology (NIST) released the third revision of its Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations." This...more

Morrison & Foerster LLP

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

Wiley Rein LLP

FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

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WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 9

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Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more

Sheppard Mullin Richter & Hampton LLP

Not an April Fools Joke – FAR Part 40 Final Rule Has Been Published

On April 1, 2024, the FAR Council published a new Final Rule that establishes FAR Part 40 – but without any new provisions of substance. This Final Rule becomes effective on May 1, 2024. Subsequently, the FAR Council...more

Fox Rothschild LLP

What to Do If the Port of Baltimore Closure Is Impacting Your Government Contract

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In the wake of the tragic Francis Scott Key Bridge collapse, businesses that rely on the Port of Baltimore (“Port”) are grappling with impacts to their contracts and supply chains. The Port suspended waterway traffic until...more

Sheppard Mullin Richter & Hampton LLP

CISA Cyber Incident Reporting for Critical Infrastructure Will Significantly Impact Government Contractors, Suppliers, and Service...

The Cybersecurity and Infrastructure Security Agency (“CISA”) recently released its new Proposed Rule pursuant to the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which was published in the...more

Akin Gump Strauss Hauer & Feld LLP

Many More Defense Contractors Now Eligible for DoD Cyberthreat Info-Sharing Program

On March 12, 2024, the Department of Defense (DoD) finalized a rule to open its Defense Industrial Base (DIB) Cybersecurity (CS) Program to all defense contractors who own or operate an unclassified information system that...more

Bradley Arant Boult Cummings LLP

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Schwabe, Williamson & Wyatt PC

Buy American Act Requirements Updates: Changes to Department of Defense Unique ‎Requirements

On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more

Holland & Knight LLP

Capturing Industrial Base from the DoD

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With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is...more

Nossaman LLP

[Webinar] Buy America Implementation and Compliance (or How I Learned to Stop Worrying and Love the Build America Buy America Act)...

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Join us on March 19, 2024 for the next presentation in our Infra Insight webinar series focusing on the Build America Buy America Act. While the Build America Buy America Act aims to promote domestic manufacturing and...more

Wiley Rein LLP

Cyber and Government Procurement: An Update as the FASC Piles on Supply Chain Security Regulations

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We continue to track developments affecting government contractor cybersecurity and supply chains, as the federal government churns out proposals and rules. Wiley’s supply chain, cyber, government contracts, and national...more

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