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Trio of Trump Executive Orders Take Aim at DEI and Gender Policies

The Trump Administration has issued three executive orders (EOs) aimed at eliminating from the federal government certain diversity, equity and inclusion (DEI) and gender ideology policies and programs that the administration...more

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

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

Highlights from our Fourth Annual Federal Contracts Symposium

We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-...more

Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA)...

Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White House, the...more

New FAR Rule Mandates the Use of PLAs on Large Construction Projects

The Federal Acquisition Regulatory Council recently published a proposed ruled that, once implemented, will require the use of project labor agreements (PLAs) on federal construction projects with a contract value of $35...more

Does the Civil False Claim Act Liability of a Bonded Contractor Extend to its Surety?

In a recent case from the U.S. District Court for the District of Columbia, United States ex rel. Scollick v. Narula, Case No. 1:14-cv-01339, two surety companies and the broker that issued bonds on federal construction...more

DOD Memo Identifies Penalties for Noncompliance with DFARS Cyber Requirements

While Cybersecurity Maturity Model Certification 2.0 (CMMC 2.0) is still a work in progress, federal contractors should beware of the existing DFARS cybersecurity requirements. ...more

How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Navigating the Business Risks Associated with the Federal Contractor Vaccine Mandate

President Biden recently issued Executive Order No. 14042 requiring covered federal contractors ensure that their employees are fully vaccinated against COVID‑19 unless an employee otherwise requests, and receives an...more

Who Pays For CMMC Certification?

Last week, DOD announced the release of CMMC Version 1.0. CMMC Version 1.0 is a comprehensive certification process featuring 171 cybersecurity best practices to ensure that contractors secure their information systems. The...more

DOD Releases CMMC Version 1.0

On January 30, 2020 the Department of Defense released the Cybersecurity Maturity Model Certification (CMMC). The Department of Defense (DOD) Office of the Undersecretary of Defense for Acquisition and Sustainment developed...more

Three Circuit Split On Interpretation Of The False Claim Act’s Statute Of Limitations To Be Decided By Supreme Court

The False Claims Act (FCA) was enacted in 1863 to stop the massive fraud perpetrated by large contractors during the Civil War. The FCA has gone through many iterations since its enactment. Relevant here, the FCA allows a...more

Failure To Meaningfully Consider OCI

For contractors, defending (and overcoming) bid protests that challenge contract awards based on alleged Organizational Conflicts of Interest (OCI) may hinge on what a contractor does at the very beginning of the procurement...more

FAR 52.204-21 And The Future Of Federal Cybersecurity Enforcement

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in...more

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