Here we are again. Large swaths of the federal government have been closed since December 22 because Congress and the president cannot agree on legislation to fund the government. Nearly a million federal employees are not receiving their paychecks. Even larger numbers of government contractors are – as is often the case – left squarely at the bottom of the hill, dodging the boulders of political mismanagement that are raining down in a landslide of “stop-work” orders. For example, as has been reported, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) took affirmative steps to publicize and issue a “blanket” stop-work order on December 26 – the day after Christmas – giving many affected contractors a post-holiday cocktail of uncertainty and dread. Other agencies have followed suit, with the Departments of Justice, Agriculture, Commerce, Housing and Urban Development, Interior, State, Transportation, and Treasury issuing such orders over the past few weeks.
Continue Reading Contractors in the Crosshairs – Weathering the 2019 Government Shutdown
The Russian Exorcism of US Gov’t Contracts
The Demon: What an excellent day for an exorcism.
Father Karras: You would like that?
The Demon: Intensely.
Honestly, it was challenging finding an all-audiences quote from William Peter Blatty’s “The Exorcist,” but we believe that this quote is exactly what federal contractors need to know. Today is indeed an excellent day for an information system exorcism and, unlike Father Karras, federal contractors know the name of that which they must purge: Kaspersky Lab.Continue Reading The Russian Exorcism of US Gov’t Contracts
The FAR Takes Aim at Russia’s Kaspersky Lab: What Every Contractor Must Know
At this point, even casual observers of the news likely have heard of Moscow-based Kaspersky Lab. In the wake of reported connections to the Kremlin and Russian intelligence entities, the cybersecurity company was famously banned as a source of supply to the United States Government by Section 1634 of the 2018 National Defense Authorization Act (“NDAA”). Effective October 1, 2018, the NDAA forbids every “department, agency, organization, or other element of the Federal Government” from using “any hardware, software, or services developed or provided, in whole or in part” by (i) Kaspersky and any corporate successors, (ii) any entities controlled by or under common control with Kaspersky and (iii) any entity in which Kaspersky has majority ownership.
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The ASBCA Thunders to the Government: Do Your Job!
As most contractors know all too well, doing business with the Government can be quite frustrating. One of the most – if not the most – prominent sources of that frustration is that the Government often operates with a callous disregard for the laws and regulations that are supposed to dictate the course of play under the contracts to which it is a party. With its December 28, 2017 decision in Flour Federal Solutions, LLC, ASBCA No. 61431-983, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) cast a searing spotlight on the Government’s dilatory conduct in the context of repeatedly failing to respond to a contractor’s claim. The facts are troubling:
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Bracing for Impact: How Contractors Can Manage Their Risk During a Government Shutdown
As the potential for a Government shutdown gets closer to reality with each passing minute, United States Government contractors and subcontractors may soon find themselves in a confusing position as to what actions they should take in light of their existing contract obligations. In an effort to resolve that confusion, the Department of Defense has released guidance to be used by its elements and contracts in the event of a Government shutdown tonight. While directly applicable to Defense activities and constituent contracts, the guidance may assist other non-Defense contractors in addressing some of their questions or concerns.
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Lurking in the NIST—Why Federal Contractors May Be Misreading Their Cybersecurity Safeguarding Requirements
If your company sells products or services to the U.S. Government, there’s a substantial likelihood that you’ve read or heard the acronym “NIST” in connection with various cybersecurity related obligations that the Government is imposing on contractors with a seemingly unceasing vengeance. NIST refers to the National Institute of Standards and Technology, which is a
GSA Technology Acquisitions: How Cybersecurity Threats and Cloud Services Are Changing the Way the Government Buys Technology from Commercial Companies
During the past few years, discussions in Washington, D.C. have intensified over the battle to modernize the Federal Government’s information technology (IT) systems. In May 2016, Representative Jason Chaffetz—Chairman of the Committee on Oversight and Government Reform in the U.S. House of Representatives—boldly stated that American “[t]axpayers deserve a government that leverages technology to serve
Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications
In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable? Have you ever wondered why the Government included those specifications in the first place and, more generally, whether those specifications are even necessary to fulfill the requirements giving rise to the acquisition? If your company is like most out there, the answer to these questions is a resounding “yes!” What to do next, you ask? A recent case before the Government Accountability Office (“GAO”) is instructive.
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Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate
As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious nature of the protest grounds and the corresponding flaws in the procurement – is necessarily tempered by sobering data that confirms what most seasoned government contractors already know: prevailing in a bid protest is an uphill battle. For example:
Continue Reading Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate
Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions
Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for those eyes to study the volumes of acquisition regulations under which the government is required to operate when contracting with commercial companies. Accordingly, we thought it would be helpful to describe – through a series of explanations of 140 or fewer characters – why recent tweets about Boeing’s Air Force One contract do not reflect the current state of government contracts law and, in particular, the provisions governing termination of contracts.
Continue Reading Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions