McCarter & English Blog: Government Contracts & Export Controls

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Firm Profile: McCarter & English, LLP
Four Gateway Center
100 Mulberry St.
Newark, NJ 07102, United States
Phone: 973.622.4444
Fax: 973.624.7070
Areas Of Practice
  • Government
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Other U.S. Locations
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  • D.C.
  • Delaware
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Number of Attorneys
400+ Attorneys

CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

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)…more
 /  Commercial Law & Contracts, Government Contracting, Military Law, Science, Computers, & Technology

DOJ Went Down to Georgia: Lessons Learned from Recent Cybersecurity Enforcement Actions

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…more
 /  Administrative Law, Government Contracting, Science, Computers, & Technology

A New Frontier in Corporate Accountability: The DOJ’s Corporate Whistleblower Awards Pilot Program

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…more
 /  Business Torts, Commercial Law & Contracts, Criminal Law, Government Contracting

Department of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-Making

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…more
 /  Government Contracting, Labor & Employment Law, Science, Computers, & Technology

Big Bang?: The Federal Circuit, Percipient.ai, and Expanding Jurisdiction

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…more
 /  Civil Procedure, Commercial Law & Contracts, Government Contracting, Mergers & Acquisitions

DOD Releases Final Rule Prohibiting the Acquisition of Certain Magnets from Nonaligned Foreign Nations

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…more
 /  Government Contracting, International Law & Trade, Science, Computers, & Technology

Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

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…more
 /  Government Contracting, International Law & Trade, Science, Computers, & Technology

CISA’s CIRCIA Proposed Rule: Another Player Enters the Reporting Regime

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…more
 /  Government Contracting, Science, Computers, & Technology

NIST SP 800-171 Revision 3 Goes Final: Who’s Down with ODP?

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…more
 /  Government Contracting, Science, Computers, & Technology

Executive Order 14410: An Artificial Intelligence Odyssey

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…more
 /  Administrative Law, Government Contracting, Privacy, Science, Computers, & Technology

DoD’s Proposed CMMC Rule: Groundhog Day… or a Final Rule in the Works?

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…more
 /  Government Contracting, Privacy, Science, Computers, & Technology

DoD Mentor-Protégé Program Solidified under Proposed Rule

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…more
 /  Government Contracting

Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!

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…more
 /  Government Contracting

Back to School: Time to Study the OMB Final Rule Implementing BABA

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…more
 /  Commercial Law & Contracts, Construction Law, Government Contracting

The Continuing Saga of 8(a) Social Disadvantage Eligibility

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…more
 /  Government Contracting, Indigenous Peoples
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