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Department of Justice Announces Increased FCA Enforcement Through New Civil Cyber-Fraud Initiative

On October 6, 2021, the Department of Justice (DOJ) announced a new Civil Fraud Cyber Initiative to “combine the department’s expertise in civil fraud enforcement, government procurement and cybersecurity to combat new and...more

President Biden Announces Findings of Critical Supply Chain Assessment

On June 8, 2021, the White House released the findings of a 100-day assessment of critical supply chains, undertaken pursuant to President Biden’s February 2021 executive order addressing supply chain vulnerabilities. The...more

Biden Administration Orders Improvements to Cybersecurity and Federal Networks Amid Cyberattacks

On May 12, 2021, President Biden signed an executive order (EO) mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. The EO acknowledges that the...more

Biden Administration Orders $15 Minimum Wage for Federal Contractors

On April 27, 2021, President Biden signed an Executive Order (EO) requiring federal contractors performing service, construction or concession contracts to pay a $15 minimum wage to those employees who are working on such...more

Biden Administration Orders Comprehensive Review of U.S. Supply Chain

On Feb. 24, 2021, President Joe Biden signed an executive order (EO) triggering a comprehensive review of U.S. supply chains, ordering agencies to identify ways to secure the American economy against shortages of critical and...more

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD...

Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more

The DFARS Rule on Covered Telecommunications Equipment or Services Is Final

The Department of Defense (DoD) issued a final rule on Covered Telecommunications Equipment or Services that implements Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91)....more

Biden Administration to Strengthen “Buy American” Rules

On Jan. 25, 2021, President Joseph R. Biden signed an executive order aimed at strengthening “Buy American” rules to increase the federal government’s procurement of American-made goods. According to the White House,...more

Updated FAR Clause Expands Ban on Federal Contractor Use of Certain Chinese Telecom Equipment and Services

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council published an interim rule in the Federal Register, implementing restrictions aimed at preventing telecommunications and surveillance technologies manufactured...more

Navigating the COVID-19 Challenge — Delays, Changes and Cost Recovery Under Federal Contracts

The stakes associated with successful performance by federal contractors are higher than they have ever been in a non-wartime setting. In areas ranging from pharmaceutical and medical supply, to construction, to logistical...more

3rd Circuit Case of First Impression Clarifies Lower Threshold for FCA Actions

Government contractors should take note of a March 4, 2020, ruling by the 3rd U.S. Circuit Court of Appeals (Court) that lowers the jurisdictional threshold for establishing a claim under the False Claims Act (FCA)....more

DoD Unveils New Cybersecurity Requirements for Defense Contractors

The Department of Defense recently released version 1.0 of the Cybersecurity Maturity Model Certification (CMMC), a unified cybersecurity standard for future DoD acquisitions. The CMMC is a cybersecurity assessment model and...more

Government Contracts Alert: Small Business Administration Proposes Rule Changes, Seeks Small Business Community Input

The Small Business Administration (SBA) recently announced that it has completed its review of regulations to identify those that may be revised or eliminated pursuant to President Trump’s Executive Order 13771, issued Jan....more

DOJ Launches Interagency Antitrust Procurement “Strike Force”

On Nov. 5, 2019, the Department of Justice Antitrust Division — in coordination with 13 U.S. Attorney’s offices, the FBI, the Defense Criminal Investigative Service and multiple Inspectors General — announced the formation of...more

Positive FCA Enforcement Trend for Defense Contractors: DOJ Reaffirms Commitment to Exercise Statutory Authority to Dismiss

Following recent changes to Department of Justice policy regarding individual accountability in government investigations of corporate wrongdoing, DOJ has recently further demonstrated its willingness to consider a flexible...more

New GAO Protest Rules Take Effect May 31

On May 31, 2018, two new rules go into effect that impact the U.S. Government Accountability Office’s (GAO’s) jurisdiction to hear protests of task orders and delivery orders issued pursuant to multiple-award...more

New GAO Bid Protest Rules Take Effect May 1 — What Contractors Need to Know

Beginning May 1, 2018, all bid protests (except protests containing classified material) must be filed electronically through the Government Accountability Office’s new Electronic Protest Docketing System (EPDS). Along with...more

PII Training Required for Government Contractors, Effective Jan. 19

Beginning January 19, federal government contracts will contain additional training requirements for contractors who deal with personally identifiable information (PII) or with a system of records....more

Effective November 3, 2016: Final DoD Cyber Incident Reporting Rule

On Tuesday, October 4, 2016, the Department of Defense (DoD) issued a long-awaited final rule implementing statutory requirements (10 U.S.C. §§ 391, 393) as part of 32 C.F.R part 236 regarding the reporting, by defense...more

Iran Sanctions and the Implementation of the JCPOA: Lots of Changes, but Little Impact on U.S. Businesses?

In recent days, the news has been full of stories referring to the “end” or “lifting” of U.S. sanctions against Iran, actions that were taken after the International Atomic Energy Agency confirmed on January 16, 2016, that...more

Defense Authorization Bill Addresses DCAA Audit Backlog

The proposed Section 893, in pertinent part, states that “[e]ffective on the date of the enactment of this Act, the Defense Contract Audit Agency may not provide audit support for non-Defense Agencies unless the Secretary of...more

11/18/2015  /  Audits , DCAA , Department of Defense (DOD) , GAO

No Good News for Small Businesses in Recent GAO Decision

The Government Accountability Office (GAO) recently released a decision in the matter of FedServ-RBS JV, LLC, B-411790, October 26, 2015, that offers little assurance for small companies seeking to form SBA-approved joint...more

Supreme Court Will Hear Government Contracts Case on Veteran Business Preferences

Well, it doesn’t happen very often, but the Supreme Court has agreed to hear a government contracts case! The Supreme Court granted certiorari on June 22, 2015, and will hear an appeal from the Court of Appeals for the...more

New Human Trafficking Rules: Broad Scope, Uncertain Application

Contractors already have begun to notice the inclusion of the new human trafficking FAR contract clause, required to be incorporated into all new federal government contracts. The rule imposes affirmative duties on federal...more

Drones: New Technology, New Opportunity?

The guidance states that drones recently “have emerged as a viable law enforcement tool.” In addition to affirming DOJ’s commitment to civil rights and privacy laws, the guidance imposes rules on who can order drone support...more

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