Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense (DoD)…
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/ Commercial Law & Contracts, Government Contracting, Military Law, Science, Computers, & Technology
Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that…
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/ Administrative Law, Government Contracting, Science, Computers, & Technology
On August 1, 2024, the US Department of Justice (DOJ) Criminal Division introduced its Corporate Whistleblower Awards Pilot Program (Program), which, like a modern-day Western posse, aims to bring justice to the wild frontier of…
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/ Business Torts, Commercial Law & Contracts, Criminal Law, Government Contracting
On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See…
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/ Government Contracting, Labor & Employment Law, Science, Computers, & Technology
In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining…
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/ Civil Procedure, Commercial Law & Contracts, Government Contracting, Mergers & Acquisitions
China dominates the rare earth industry, accounting for approximately 60 percent of rare earth metal mining and approximately 90 percent of rare earth metal processing in 2023. In order to combat this near-monopoly and to limit…
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/ Government Contracting, International Law & Trade, Science, Computers, & Technology
If you happen to be a government contractor and are contemplating additions to your Summer reading list, consider adding the FAR Council’s May 3, 2024 advanced notice of proposed rulemaking (“ANPR”) to the mix. The ANPR, which…
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/ Government Contracting, International Law & Trade, Science, Computers, & Technology
Cyber incidents involving critical infrastructure pose a serious risk to the US. In March 2024, the Environmental Protection Agency and the National Security Advisor warned state governors about potential attacks on drinking…
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/ Government Contracting, Science, Computers, & Technology
On May 14, 2024, the National Institute of Standards and Technology (NIST) dropped the third remix…er, revision…of its Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Systems and…
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/ Government Contracting, Science, Computers, & Technology
What do you think is going to be scarier—artificial intelligence (AI) or the government’s effort to regulate AI? On October 30, 2023, the White House issued Executive Order (E.O.) 14410, Safe, Secure, and Trustworthy Development…
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/ Administrative Law, Government Contracting, Privacy, Science, Computers, & Technology
On December 26, 2023, the Department of Defense (“DoD”) belatedly gifted defense contractors and subcontractors a Proposed Rule on the Cybersecurity Maturity Model Certification (“CMMC”) Program. DoD also released eight CMMC…
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/ Government Contracting, Privacy, Science, Computers, & Technology
On October 25, 2023, the Department of Defense (DoD) published a Proposed Rule amending the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and permanently authorizing the DoD Mentor-Protégé Program (DoD…
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/ Government Contracting
Welcome, dear readers, to the height of protest season! Around the end of the federal fiscal year, the number of contract awards being made increases greatly. Which means so do the number of protests challenging those award…
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/ Government Contracting
Just in time for the season of new backpacks, lunch boxes, and school supplies, the Office of Management and Budget (OMB) has assigned some homework to contractors looking to participate in Federal financial assistance programs…
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/ Commercial Law & Contracts, Construction Law, Government Contracting
In what is quickly becoming an epic saga centered around the repercussions from the Ultima Servs. case, 8(a) program participants should have received a direct communication from the Small Business Administration (SBA) on Monday…
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/ Government Contracting, Indigenous Peoples