Over the course of the last week, the Small Business Administration (SBA) has reportedly begun quietly questioning borrowers who had received Paycheck Protection Program (PPP) loans about the “necessity” of their loans. On...more
11/5/2020
/ Applications ,
Borrowers ,
CARES Act ,
Certifications ,
Comment Period ,
Coronavirus/COVID-19 ,
Federal Register ,
For-Profit Corporations ,
Lenders ,
OMB ,
Paycheck Protection Program (PPP) ,
Questionnaires ,
SBA ,
Small Business ,
Supporting Documentation
The U.S. Department of Defense (DoD) has issued a long-awaited interim rule to safeguard unclassified information in the possession of defense contractors by making periodic assessments of a company’s cybersecurity compliance...more
10/5/2020
/ Compliance ,
Controlled Defense Information (CDI) ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Contractors ,
Federal Register ,
Interim Rule ,
Model Contract Clauses ,
NIST ,
Third-Party ,
Verification Requirements
In a new directive, the U.S. Department of Defense (DoD) revised acquisition policies across the DoD to emphasize flexibility, competition, affordability, and performance as among the high-level objectives of a broader push...more
The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei...more
7/15/2020
/ China ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Rule ,
New Legislation ,
Prohibited Transactions ,
Public Comment ,
Subcontractors ,
Supply Chain ,
Telecommunications ,
ZTE
A key area of focus in the Department of Defense’s (DoD) gradual rollout of its Cybersecurity Maturity Model Certification (CMMC) is the training and accreditation of third-party assessors that will be responsible for...more
6/26/2020
/ Accreditation ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Memorandum of Understanding ,
Supply Chain ,
Third-Party ,
Training
Borrowers that, together with their affiliates, received Paycheck Protection Program (PPP) loans in an aggregate amount less than $2 million will be deemed to have made their certification that the loan was “necessary” in...more
The Office of Management and Budget (OMB) and several federal agencies have issued guidance implementing a provision in the CARES Act that allows government contractors to be reimbursed for paid leave to employees and...more
Businesses that receive government funding under the nearly $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act) should be mindful of the heightened risks of government investigations of fraud, waste,...more
A key feature of the nearly $2 trillion economic stimulus bill signed into law on March 27, 2020, is the creation of a $350 billion “Paycheck Protection Program” (PPP) to authorize loans to businesses affected by the COVID-19...more
4/9/2020
/ Affiliated-Business Arrangements ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Federal Loans ,
Financial Stimulus ,
NAICS ,
Office of Hearings and Appeals (OHA) ,
Paycheck Protection Program (PPP) ,
Private Equity Funds ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Venture Capital
Due to rising concerns about the recent outbreak of the novel coronavirus, President Trump signed an executive order on March 18, 2020, invoking his authority under the Defense Production Act (DPA). The order designates...more
The U.S. Department of Justice (DOJ) has reached a settlement with hospice company AseraCare, closing a 12-year-old saga that carries substantial implications for False Claims Act (FCA) enforcement in cases involving a...more
3/10/2020
/ Department of Justice (DOJ) ,
Evidence ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Jury Instructions ,
Medical Necessity ,
Medicare ,
Motion For New Trial ,
Objective Falsity ,
Remand
The U.S. Department of Defense’s (DoD) new cybersecurity verification regime is moving into a new phase, with major implications for contractors.
On January 31, 2020, DoD released version 1.0 of its Cybersecurity Maturity...more
The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving the False Claims Act (FCA) in the fiscal year ending September 30, 2019, according to statistics released...more
Cybersecurity, supply chain risks, data rights, software acquisitions, and cost or pricing data are among the procurement-related issues targeted in the Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA), which...more
12/23/2019
/ Appropriations Bill ,
Bid Protests ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Rights ,
Defense Sector ,
Department of Defense (DOD) ,
E-Commerce ,
Fixed Price Contracts ,
General Services Administration (GSA) ,
Legislative Agendas ,
Mentor-Protege Program ,
National Security ,
NDAA ,
Supply Chain ,
Trump Administration
The U.S. Department of Defense (DOD) is forging ahead in its plan to adopt a new framework for cybersecurity, with significant ramifications for all defense contractors, including subcontractors.
On November 8, 2019, DOD...more
After receiving more than one thousand comments from industry and other stakeholders, on October 1, 2019, the General Services Administration (GSA) will issue a solicitation for a single, consolidated Schedule as part of its...more
In its recent decision in Food Marketing Institute v. Argus Leader Media d/b/a Argus Leader, No. 18-481, the U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business...more
7/24/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
Congress is moving closer toward passage of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Although key differences remain between the House and Senate versions of the bill, the legislation is ultimately...more
7/17/2019
/ Bid Protests ,
Cybersecurity ,
Data Rights ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Federal Pilot Programs ,
Fiscal Year ,
Fixed Price Contracts ,
GAO ,
NDAA ,
Popular ,
SBA ,
Supply Chain ,
Trump Administration
Whistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a...more
5/20/2019
/ Appeals ,
Cochise Consultancy Inc v United States ex rel Hunt ,
False Claims Act (FCA) ,
First-to-File ,
Government Officials ,
Intervenors ,
Oral Argument ,
Qui Tam ,
Relators ,
SCOTUS ,
Split of Authority ,
Statute of Limitations