Fiscal Year 2023 started on October 1 and, without a final set of Department of Defense (DoD) authorizations and appropriations, the DoD currently is operating under continuing resolution. A version of the National Defense...more
10/21/2022
/ Department of Defense (DOD) ,
Drones ,
Federal Contractors ,
Federal Procurement Systems ,
National Security ,
NDAA ,
Procurement Guidelines ,
Proposed Regulation ,
Regulatory Agenda ,
Semiconductors ,
Supply Chain ,
Unmanned Aircraft Systems
Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance. Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a...more
Effective immediately, the Department of Defense (DoD) Federal Acquisition Regulation (DFARS) issued its final rule to provide enhanced post-award debriefing rights in competitive negotiated contracts, task orders, and...more
In the wake of increasing cybersecurity threats and incidents, the U.S. Department of Defense (DoD) amended its Federal Acquisition Regulation Supplement (DFARS) in 2015 to issue the 252.204-7012, Safeguarding Covered Defense...more
As reported in an earlier alert and blog, on September 9, 2021, President Biden rolled out his Path Out of the Pandemic plan (the “Plan”) to combat the spread of COVID-19. ...more
9/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
OSHA ,
Vaccinations ,
Workplace Safety
Numerous pieces of legislation and regulation have been issued in recent years to address the increased threats to the supply chain. We previously reported on the various aspects of the Section 889 ban on the Government and...more
Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto:
Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the...more
3/22/2021
/ Biden Administration ,
China ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
FCC ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
Internet of Things ,
National Security ,
Regulatory Oversight ,
Risk Management ,
Supply Chain ,
Telecommunications
As government contractors, you have been caught between the Scylla and Charybdis of the COVID-19 pandemic. On the one hand, you have been required to continue to perform your government contracts to ensure the safety and...more
The Cybersecurity Maturity Model Certification (CMMC) Advisory Board (CMMC AB) made a major announcement on September 16, 2020, announcing that it has trained an initial group of provisional assessors....more
Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more
8/17/2020
/ China ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Final Rules (IFR) ,
National Intelligence Agencies ,
NDAA ,
Supply Chain ,
Surveillance ,
Telecommunications
Implementing Section 823 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA FY ‘20), on July 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to...more
Preparing the defense budget is not an easy thing. Typically, the goal is to have the bills passed by the House and Senate, and then to go into conference to resolve differences and develop a single bill that can pass through...more
7/9/2020
/ 5G Network ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Infrastructure ,
Legislative Agendas ,
National Security ,
NDAA ,
Procurement Guidelines ,
Research and Development ,
Supply Chain ,
Telecommunications ,
Trump Administration
House Version Still in Committee -
Preparing the defense budget is not an easy thing. Typically, the goal is to have the bills passed by the House and Senate, and then to go into conference to resolve differences and...more
It is now June 2020. The Department of Defense (DoD) initially projected that, this month, it would issue ten pilot Requests for Information (RFIs) as part of its efforts to develop the means for its implementation of the...more
Under the CARES Act, Congress issued Section 3610 which authorized executive branch agencies to provide contractors certain reimbursement where the contractors used paid leave to keep their employees or subcontractors in a...more
Last week we reported on developments in the Department of Defense (DoD) efforts to implement enhanced Defense Industrial Base cybersecurity requirements. ...more
The Government continues to take steps to address its Defense Industrial Base supply chain cybersecurity....more
Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or...more
Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains,...more
12/20/2019
/ Bid Protests ,
Competitive Bidding ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Popular ,
Public Bidding ,
Supply Chain
Supply chain risks are on the rise. Protecting the supply chain is a critical aspect of our national security, health and public safety. Whether parts are electronic or not, if they aren’t what they are represented to be,...more
11/26/2019
/ Counterfeit Goods Regulation ,
Counterfeit Parts ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Manufacturers ,
Medical Devices ,
Quality Control Plan ,
Reporting Requirements ,
Rulemaking Process ,
Suppliers ,
Supply Chain
Previously we reported on the Department of Defense (‘DoD”) efforts to develop a Cybersecurity Maturity Model Certification (“CMMC”) program to verify the status of contractor cybersecurity and compliance. The CMMC program...more
11/22/2019
/ Certification Requirements ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Information Governance ,
Information Management ,
Information Technology ,
NIST ,
Popular ,
Regulatory Agenda ,
Rulemaking Process
In the face of increasing concern over the security of Navy and Marine Corps (Navy) programs, the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) was updated on September 6, 2019 to incorporate significant...more
10/11/2019
/ Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Management ,
Data Protection ,
Defense Contracts ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Incident Response Plans ,
Popular ,
Public Procurement Policies ,
Reporting Requirements ,
U.S. Navy
Earlier this year, Assistant Secretary of Defense for Acquisition & Logistics Kevin Fahey announced that the Department of Defense (“DoD”) was working with Carnegie Mellon University and Johns Hopkins Applied Physics...more
9/12/2019
/ Best Practices ,
Comment Period ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Popular ,
Public Comment
Cybersecurity continues to be an imperative for the protection of the Department of Defense (DoD) and its contractors' supply chain. On June 19, 2019, the National Institute of Standards and Technology (NIST) issued two draft...more
6/26/2019
/ Cyber Attacks ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Network Security ,
NIST ,
Popular ,
Security Controls ,
Security Standards ,
Supply Chain