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CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

FAR Council Proposes Changes to Harmonize Procurement and Nonprocurement Suspension and Debarment Rules

WHAT: On January 9, 2024, the Federal Acquisition Regulation (FAR) Council published a proposed rule to amend the FAR to improve consistency between the procurement and nonprocurement rules on suspension and debarment. The...more

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more

What Contractors Need to Know About a Government Shutdown

WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill...more

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

AI and Copyright Law: Understanding the Challenges

Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more

Federal Circuit Holds That the Air Force’s Unilateral Price Definitizations Were Not Government Claims

WHAT: On April 25, 2023, the United States Court of Appeals for the Federal Circuit issued a decision in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035, holding that the Contracting Officer’s...more

New Year, New Compliance Challenges: Good Reasons to Spruce up Your Compliance Program in 2023

At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more

FAR Council Proposes to Create a New Standard of Contractor Responsibility: Requiring Contractors to Disclose Greenhouse Gas...

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more

Enhanced Debriefings: A Rocky Road From the Class Deviation to DOD’s Proposed DFARS Implementation

Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more

What Cyber Landscape Awaits Government Contractors Following Biden’s Executive Order?

On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more

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