News & Analysis as of

Contractors Department of Defense (DOD)

American Conference Institute (ACI)

CMMC 2.0 and FOCI Assessments: Preparing for What Lies Ahead

Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more

Sheppard Mullin Richter & Hampton LLP

Updates on GHG Emissions Disclosure Requirements

Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions - Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to...more

Woods Rogers

Defense Department’s Proposed CMMC Rule Will Impose New Cybersecurity Requirements on Contractors

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The U.S. Department of Defense (DoD) released a proposed rule to implement its Cybersecurity Maturity Model Certification (CMMC) program, which would establish a comprehensive set of cybersecurity requirements applicable to...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Woods Rogers

New Federal Proposed Rule Addressing “Pay Equity and Transparency in Federal Contracting”

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The Biden administration’s Fall 2023 United Agenda of Regulatory and Deregulatory Actions included a variety of near and long term regulatory plans for federal agencies, including regulatory action for pay equity and...more

Sheppard Mullin Richter & Hampton LLP

Defense Department Outlines Its Future Cybersecurity Program

The Department of Defense published a much-anticipated Proposed Rule at the end of last year for its Cybersecurity Maturity Model Certification program. The proposed rule is our first comprehensive look at the latest...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Delivers Highly Anticipated CMMC Proposed Rule

The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability. The proposed rule allows for limited use of Plans of...more

Perkins Coie

DoD Issues Proposed CMMC Rule Requiring Cybersecurity Assessments of Contractors

Perkins Coie on

The U.S. Department of Defense (DoD) has issued its long-awaited proposed rule implementing its Cybersecurity Maturity Model Certification (CMMC) program to protect sensitive, unclassified government information in the...more

Schwabe, Williamson & Wyatt PC

The 2024 National Defense Act Provisions

The 2024 National Defense Authorization Act passed by the Senate and House this week contains provisions that may have an impact on small business contractors. SEC. 862. PAYMENT OF SUBCONTRACTORS...more

Akin Gump Strauss Hauer & Feld LLP

Defense Department Audit Report Provides Contractors with a Roadmap to Assess and Mitigate Cybersecurity False Claims Act Risk

On December 4, the Department of Defense Office of Inspector General (DoD OIG) issued a “special” Audit Report (the Report) that provides insight into common cybersecurity weaknesses related to the protection of Controlled...more

Schwabe, Williamson & Wyatt PC

DOD, GSA, and NASA Update FAR to Provide for Accelerated Payments to Small Businesses and to Conform to SBA Regulations

In the past week, there were several important updates made to the Federal Acquisition Regulations by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space...more

Bass, Berry & Sims PLC

Clarification: You Can Recover for Changes Implementing Executive Orders

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The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Requires Contractors to Disclose Greenhouse Gas Emissions and Climate-Related Financial Risk

On November 14, 2022, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule that would amend the Federal Acquisition...more

Maynard Nexsen

DoD Launches ESOP Pilot: Sole Source Follow-On Contracts Limited to Nine Entities

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Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards....more

McCarter & English Blog: Government Contracts...

“Respect My Authority!”—An Important Reminder as DoD Issues an Updated Guidebook for Contracting Officer Representatives

Like most businesses, government contractors are in the customer service field and have been conditioned to operate by the old adage that the “The customer is always right.” After all, the customer pays the bills, right? As a...more

PilieroMazza PLLC

DOD and GSA Inflation Update: Key Takeaways for Government Contractors

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Inflation continues to be among the top problems facing government contractors, as it continues to rise and contractor’s resources to address the problem become depleted. Even falling gas prices is not enough to curb the...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Contractors Beware – Cybersecurity Litigation on the Rise Under the False Claims Act

Takeaway: The DOJ’s Cyber Fraud Initiative and qui tam actions under the False Claims Act represent signification enforcement mechanisms for cybersecurity contractor compliance. On the eve of 2022, the United States began...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Increases Focus on Cybersecurity Compliance

A recent DoD memorandum should serve as a warning to contractors that they need to focus on cybersecurity compliance now or risk serious consequences. A recent DoD memorandum should serve as a warning to contractors that...more

Fox Rothschild LLP

DOD Addresses Material Escalation Costs and Inflation for Government Contractors

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Inflation and the increased cost of doing business are having a nationwide impact — and there is no exception for Government Contractors. As we recently covered contractors experiencing material cost escalation on...more

Holland & Hart LLP

DoD OUSD Memorandum Provides Guidance on Addressing Inflation Cost Impacts

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In a fixed-price contract, increased costs caused by market inflation alone will not entitle the contractor to an equitable adjustment. Contracting Officers are advised to utilize contract provisions that include an...more

Wiley Rein LLP

DoD Provides Guidance on Economic Price Adjustments Amidst Growing Concerns Over Inflation

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WHAT: The U.S. Department of Defense (DoD) issued a memorandum to provide guidance on the use of economic price adjustments (EPAs) in existing and prospective DoD contracts in response to contracting officers’ (COs) and...more

PilieroMazza PLLC

DOD Issues Guidance on Effect of Inflation on Government Contractors | PilieroMazza, Law Firm, Government Contracts Attorney

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On May 25, 2022, the Department of Defense (DOD) issued Guidance on Inflation and Economic Price Adjustment (Guidance Memorandum). It was long overdue. Inflation is steadily rising and, as a result, contractors with...more

Bass, Berry & Sims PLC

Did the Federal Circuit Just Eliminate Commercial Services?

Bass, Berry & Sims PLC on

In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more

Foley & Lardner LLP

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

Foley & Lardner LLP on

Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more

Morrison & Foerster LLP - Government...

All Is Not Forgiven: PPP Forgiveness And Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It...more

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