The third revision of NIST Special Publication 800-171 brings substantial changes across several key areas: the structure of control families has been expanded to better address new threats, individual security controls have been updated to enhance overall system security, and the criteria for tailoring these controls to specific organizational needs have been clarified, all in
June 2024
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 Act’s (FASA) “task order bar” could suppress claims alleging violations of 10 U.S.C. § 3453, which mandates a preference for commercial products. The Panel’s interpretation of the Tucker Act’s definition of “interested party” expanded the universe of standing, allowing prospective subcontractors to exert gravitational influence in legal challenges regardless of their role as indirect offerors. At the risk of offending real physicists, from a legal perspective, the Percipient.ai v. United States decision looks to expand a universe of legal scrutiny. Like the cosmic forces that shape galaxies, the Percipient.ai decision may shape the parameters of government contracting jurisdiction and procedural fairness in the procurement process.Continue Reading Big Bang?: The Federal Circuit, Percipient.ai, and Expanding Jurisdiction
Viewpoint: Pentagon Brings Clarity to Buy American Requirements
DOD released a final rule which updates the DFARS to address requirements outlined in Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” Cara Wulf and Marcos Gonzalez explain the changes and what contractors should be aware of while making adjustments to their supply chains in order…
Chambers Ranks McCarter Government Contracts Practice Band 1 Nationwide
McCarter’s Government Contracts team is grateful to its clients for once again honoring it with a Band 1 Nationwide ranking by Chambers USA: America’s Leading Lawyers for Business. It appreciates the recognition that “McCarter & English, LLP is lauded for its ability to provide guidance on a broad array of issues including transactions, regulatory …
SEC Adopts Rule Amendments to Regulation S-P to Safeguard Customer Information and Enhance Cybersecurity Procedures at Financial Institutions
On May 16, 2024, the Securities and Exchange Commission (SEC) adopted amendments to Regulation S-P to “modernize and enhance the rules that govern the treatment of consumers’ nonpublic personal information by certain financial institutions.” Affected financial institutions have 18-24 months (depending on their size) to comply, and should begin preparing now.Continue Reading SEC Adopts Rule Amendments to Regulation S-P to Safeguard Customer Information and Enhance Cybersecurity Procedures at Financial Institutions
