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-7012

Cybersecurity Maturity Model Certification (CMMC) Version .6: Another Step on the Department of Defense’s Long and Winding Cybersecurity Road

13 CFR

Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

Affiliation

Alutiiq False Claims Act Settlement Highlights Significant Government Contract Compliance Risks for Tribal, NHO, and ANC 8(a) Subsidiaries

Affirmative Action

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

Affirmative Action Programs

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act RiskUPDATE: New Executive Order and Accompanying OFCCP FAQs Demand Federal Contractors and Grantees Scrutinize All Diversity Workforce TrainingNew Executive Order Demands Federal Contractors and Grantees Scrutinize All Diversity Workforce Training

ANC

Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesAlutiiq False Claims Act Settlement Highlights Significant Government Contract Compliance Risks for Tribal, NHO, and ANC 8(a) Subsidiaries

Antitrust

Mo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big DataThe US Antitrust Agencies Join Forces to Cut the Red Tape Antitrust in Trump 2.0—the First 60 Days

Artificial Intelligence

Mo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big DataOMB Issues Guidance to Agencies on Responsible Artificial Intelligence AcquisitionsFCC Makes a Call on AI

ASBCA

The ASBCA Thunders to the Government: Do Your Job!

Audits

The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined ParametersSparring with CPARS: Some Tips on Avoiding and Curing Bad Past Performance Evaluations That Can Haunt and Jeopardize a Government Contractor’s Business for YearsYour Biggest Cybersecurity Threat: Failing to Plan

BAA

Rigging the Game? Antitrust Risks in the Public Contracting ArenaMaking Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical Pharmaceutical(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure Projects

Bayh-Dole

Rigging the Game? Antitrust Risks in the Public Contracting ArenaNIST on Track to Clarify Bayh-Dole to Ensure High Prices Cannot Be Used as Grounds for Exercising March-in Rights – Or Is It?iEdison’s 2020 New Year’s Resolution – Improvement! Time to Submit Your Comments

Berry Amendment

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Bid Protests

Rigging the Game? Antitrust Risks in the Public Contracting ArenaMaking Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalThey Did It. They Really Did It! The Arrival of the FAR CUI Proposed Rule

Bid-rigging

Rigging the Game? Antitrust Risks in the Public Contracting ArenaDOJ’s Procurement Collusion Strike Force: Widening Its Stride on Its Third AnniversaryNew DOJ Strike Force Targets Collusion in Federal Contract Awards

Blanket Purchase Agreements (BPA)

Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility AddedThis Will Only Hurt a Bit: The GSA Mandates COVID-19 Vaccines in Nearly All Existing Contract Types

Buy America

Good Tidings: OMB Wishes Contractors a Happy Holidays with Updated Guidance on Implementation of Build America, Buy America RequirementsBack to School: Time to Study the OMB Final Rule Implementing BABA(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure Projects

Buy American

(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure ProjectsWith Just a Little Ado: Significant Buy American Changes Are Coming Before HalloweenEnhanced Buy American Requirements Coming Soon; Proposed Rule Foretells Big Changes

Buy American Act

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalGood Tidings: OMB Wishes Contractors a Happy Holidays with Updated Guidance on Implementation of Build America, Buy America Requirements(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure Projects

CARES Act

Prevention v. Cure: Supply Chain Hygiene Is the Key to Defending EnforcementDoD Issues Draft Guidance for Contractor Reimbursement Under Section 3610 of the CARES ActBorrowers Beware: GAO Ramps Up Efforts to Root Out Fraud Among CARES Act Loan Recipients

CDI

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)Feature Comment: The CUI Program: DOD, We Have a Problem

CFIUS

Know Your Supplier: Effective August 13, 2019, Certain Chinese Telecoms Banned From Federal Procurement2019 Government Shutdown: The Export Controls, International Trade, and CFIUS EditionThe U.S. Government Is Asking Industry to Help Identify ‘Emerging Technologies’ - STAT

Changes Clause

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

CICA

New DOJ Strike Force Targets Collusion in Federal Contract Awards

CISA

Building the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityCISA’s CIRCIA Proposed Rule: Another Player Enters the Reporting RegimeEnough’s Enough: A New Executive Order Signals Sweeping Changes to Federal Cybersecurity Requirements

Claims

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other ConsiderationsA Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For ConvenienceA Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives

Claims and Contract Disputes

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For ConvenienceWisconsin Bell: Testing the Elasticity of False Claims Act’s ScopeWhen the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment for Every Contractor

Class Deviation

Summary of Agency Class Deviations Implementing Federal Contractor Vaccine MandateThe Clauses Implementing Vaccination Mandate for Federal Contractors Are Out—Key Considerations for Contractors

CMMC

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverRigging the Game? Antitrust Risks in the Public Contracting ArenaFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)

Code of Business Ethics

Gambling on Compliance? DOJ Updates the House Rules on Corporate Compliance Program Expectations

Collective bargaining

PLAy Ball! Executive Order Directs Project Labor Agreements for Construction Projects Over $35 Million

Commercial Items

Summer Sun, Something’s Begun, But (Oh, Oh) Those FAR Part 12 RewritesOMB Issues Guidance to Agencies on Responsible Artificial Intelligence AcquisitionsBig Bang?: The Federal Circuit, Percipient.ai, and Expanding Jurisdiction

Competition

OMB Issues Guidance to Agencies on Responsible Artificial Intelligence AcquisitionsThe Devil Is in the Details: Recent GAO Decision Underscores the Importance of Checking the Agency’s MathNew DOJ Strike Force Targets Collusion in Federal Contract Awards

Compliance

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverMaking Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalNew “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

Compliance Federal Contractors

Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

Constrictive Change

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

Construction

PLAy Ball! Executive Order Directs Project Labor Agreements for Construction Projects Over $35 Million

Contract Changes

New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future PaymentsOffice Closures and Limited Access: Federal Contractor Considerations When Weathering Potential Political UnrestUpdate on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract Performance

Contract Delays

Update on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

Contract Disputes Act

When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment for Every ContractorMcCarter Partners Franklin Turner and Alex Major Presented on “Effectively Prosecuting Contract Claims Against the Government” at NHOA Business SummitGovernment Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional Doom

Contract Management

Key Steps for Government Contractors During the Federal Shutdown

Contracting Financing

The Evolution of Contract Financing: Resurrecting Performance-Based Payments Under Fixed-Price Contracts

Conventional Arms Transfer

Send Lawyers, Guns and Money: The New Conventional Arms Transfer Policy

Coronavirus

Broad Categories of Employees of Federal Contractors Now Required to Be Fully Vaccinated by December 8–Law360What’s Next for Federal Contractors and Mandatory COVID-19 Safety ProtocolsDoD CARES After All – New Cost Principle and DFARS Clause Implements CARES Act for Certain COVID-19 Costs

Cost Accounting Standards

CAS Madness Takes Its Toll: The Detailed Work of Conforming CAS to GAAPKnowing IS the Battle: Supreme Court to Address the FCA’s Scienter StandardLet Me Clear My Throat: DCAA Course Corrects on “Expressly Unallowable” Costs

Cost Principles

CAS Madness Takes Its Toll: The Detailed Work of Conforming CAS to GAAP2020 False Claims Act Recoveries Were Down by One-Third in 2020. . . and That’s Bad News for Federal ContractorsDoD CARES After All – New Cost Principle and DFARS Clause Implements CARES Act for Certain COVID-19 Costs

Cost Recovery & Compliance

Key Steps for Government Contractors During the Federal Shutdown

Court of Federal Claims

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalDear Magic 8-Ball—Should I Protest? Critical Protest Implications Following the Federal Circuit’s Expansion of Blue & Gold’s Waiver Rule in Inserso

COVID-19

Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate NationwideFederal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The ImplicationsImportant Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added

CPARS

Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

Critical Infrastructure

Power Up: What the AI Action Plan Means for the Energy SectorCISA’s CIRCIA Proposed Rule: Another Player Enters the Reporting RegimeCritical Infrastructure Industry Drafted: Welcome to the Cyber War

Critical National Security Technology

CISA’s CIRCIA Proposed Rule: Another Player Enters the Reporting RegimeHere to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

CUI

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)Feature Comment: The CUI Program: DOD, We Have a Problem

Customs

International Trade Update: U.S. Heightens Tariffs on Chinese Goods; China Reciprocates

Cybersecurity

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverPower Up: What the AI Action Plan Means for the Energy SectorBuilding the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain Security

Cybersecurity & Infrastructure Security Agency

Building the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityCISA’s CIRCIA Proposed Rule: Another Player Enters the Reporting RegimeEnough’s Enough: A New Executive Order Signals Sweeping Changes to Federal Cybersecurity Requirements

Data Privacy

Check Your Process or Pay Your Fine: Recent 6-Figure Fines from the California Privacy Protection AgencyFormer US Attorney Zach Myers Joins McCarter & EnglishMo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big Data

Data Rights

Check Your Process or Pay Your Fine: Recent 6-Figure Fines from the California Privacy Protection AgencyFollow the Breadcrumbs: Where Does Consumer Data Go as 23andMe Goes Bankrupt?OMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions

DCAA

2020 False Claims Act Recoveries Were Down by One-Third in 2020. . . and That’s Bad News for Federal ContractorsCybersecurity Maturity Model Certification (CMMC) Version .6: Another Step on the Department of Defense’s Long and Winding Cybersecurity RoadLet Me Clear My Throat: DCAA Course Corrects on “Expressly Unallowable” Costs

DCAM

Rigging the Game? Antitrust Risks in the Public Contracting Arena

Defense Industrial Base

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverRigging the Game? Antitrust Risks in the Public Contracting ArenaFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)

Defense Production Act

Update on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

Department of Defense (DoD)

Key Steps for Government Contractors During the Federal Shutdown

Department of Government Efficiency

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other ConsiderationsA Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience

DFARS

The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined ParametersTariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade PoliciesFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)

DFARS 252.204-7012

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

DFARS Deviation

Feature Comment: The CUI Program: DOD, We Have A Problem (Part II)Feature Comment: The CUI Program: DOD, We Have a ProblemGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Diversity, Equity, and Inclusion (DEI)

DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers

DOD

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverThe Need for Speed: DoD’s “Software Fast Track” Targets Bureaucracy at Mach 2The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined Parameters

DOE

Summary of Agency Class Deviations Implementing Federal Contractor Vaccine Mandate

DOGE

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other ConsiderationsA Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience

DOJ

New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant RecipientsMo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big DataWhisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

Domestic Preference Rules

(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure ProjectsUpdate on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

DOT

Summary of Agency Class Deviations Implementing Federal Contractor Vaccine Mandate

DPC

DoD Issues Draft Guidance for Contractor Reimbursement Under Section 3610 of the CARES Act

Due Diligence

The Sword of Damocles Hangs Over Miller Act Sureties and Brokers: Scollick Case Stayed Sixty Days for Mediation, but Outcome Remains Uncertain

e-verify

Government Shutdown Irony: Battle Over Immigration Impacts E-Verify Employment Eligibility Checks

EAR

Hikvision, Dahua Technology Among 28 Added to Entity List, Resulting in Broad Impact on Chinese Surveillance, Artificial Intelligence and Facial Recognition FirmsEmerging Technologies May Get Export Controls and CFIUS Reviews This Holiday Season

Economic Price Adjustment

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade PoliciesDoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Emerging Technology

Power Up: What the AI Action Plan Means for the Energy SectorBuilding the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityMo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big Data

Energy

Power Up: What the AI Action Plan Means for the Energy SectorCritical Infrastructure Industry Drafted: Welcome to the Cyber War

Enforcement

Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

EPA

DoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Equal Employment Opportunity

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act RiskDepartment of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-MakingUPDATE: New Executive Order and Accompanying OFCCP FAQs Demand Federal Contractors and Grantees Scrutinize All Diversity Workforce Training

Excusable Delay

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade PoliciesOffice Closures and Limited Access: Federal Contractor Considerations When Weathering Potential Political Unrest

Executive Order

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For ConvenienceNew EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

Executive Orders

Building the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityThrough the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act RiskA Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other Considerations

Export Controls

FEMA Opens a Door and Closes a Window: A Primer on FEMA’s Broad Efforts to Obtain and Retain Medical Supplies to Combat COVID-19Export Controls and Global Trade: A Forecast and the Year in ReviewKnow Your Supplier: Effective August 13, 2019, Certain Chinese Telecoms Banned From Federal Procurement

False Claims Act

New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant RecipientsThrough the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act RiskWhisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

FAR

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshSummer Sun, Something’s Begun, But (Oh, Oh) Those FAR Part 12 RewritesMaking Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical Pharmaceutical

FAR Deviation

Summer Sun, Something’s Begun, But (Oh, Oh) Those FAR Part 12 RewritesFAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

FASA

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

FCEB

Enough’s Enough: A New Executive Order Signals Sweeping Changes to Federal Cybersecurity Requirements

Federal Acquisition Streamlining Act

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

Federal Civilian Executive Branch

FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetExecutive Order 14410: An Artificial Intelligence OdysseyEnough’s Enough: A New Executive Order Signals Sweeping Changes to Federal Cybersecurity Requirements

Federal Contractors

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshFeature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverSummer Sun, Something’s Begun, But (Oh, Oh) Those FAR Part 12 Rewrites

Federal Government

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshCAS Madness Takes Its Toll: The Detailed Work of Conforming CAS to GAAPFeature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t Over

Federal Procurement

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshKey Steps for Government Contractors During the Federal Shutdown

Federal Supply Schedules

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshHouse Wants Uncle Sam to Purchase COTS Items From Amazon and Other Online SellersRecent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications

FEMA

FEMA Opens a Door and Closes a Window: A Primer on FEMA’s Broad Efforts to Obtain and Retain Medical Supplies to Combat COVID-19

Financial Industry

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

FOCI

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

FOIA

Good News for Federal Contractors – FOIA “Exemption 4” Protecting Confidential Information Gets Expansive Definition by U.S. Supreme Court in Food Marketing Institute v. Argus Leader Media

Force Majeure

Update on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

Fraud

Borrowers Beware: GAO Ramps Up Efforts to Root Out Fraud Among CARES Act Loan Recipients

GAO

They Did It. They Really Did It! The Arrival of the FAR CUI Proposed RuleWhat Happens When Uncle Sam Doesn’t Understand SAM? The Case of the Lucky Protester . . .Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!

Global Trade

FEMA Opens a Door and Closes a Window: A Primer on FEMA’s Broad Efforts to Obtain and Retain Medical Supplies to Combat COVID-19International Trade Update: U.S. Heightens Tariffs on Chinese Goods; China ReciprocatesA Scorching Summer for Global Trade (and a few words on the Global Game)

Government Contractors

Key Steps for Government Contractors During the Federal ShutdownFeature Comment: A Rule of Three: NIST Special Publication 800-171 Rev. 3—Finale or Punchline?

Government Contracts Regulatory Compliance

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverFAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)

Government Shutdown

Key Steps for Government Contractors During the Federal Shutdown

Grants

And in This Corner … the Sweet Science of Federal Contracting’s Year-EndNew “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant RecipientsIn the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In

GSA

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshExecutive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSAGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

GSAR

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a Refresh

Healthcare

Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025A New Frontier in Corporate Accountability: The DOJ’s Corporate Whistleblower Awards Pilot ProgramHHS Issues Final Rule Strengthening HIPAA Protections for Reproductive Healthcare

Immigration

Government Shutdown Irony: Battle Over Immigration Impacts E-Verify Employment Eligibility ChecksBuy and Hire American, to the Extent Possible - Federal Publications Seminars

Inflation

DoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Information Technology

Power Up: What the AI Action Plan Means for the Energy SectorFAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetMo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big Data

Infrastructure

Power Up: What the AI Action Plan Means for the Energy SectorBack to School: Time to Study the OMB Final Rule Implementing BABA(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure Projects

Injunction

In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh InGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate NationwideFederal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The Implications

Intellectual Property

OMB Issues Guidance to Agencies on Responsible Artificial Intelligence AcquisitionsComing Soon? The American Data Privacy and Protection Act (SPOILERS)The Supreme Court Limits Government Agencies’ Ability to Deflect Infringement Claims Through the PTO: A Preamble for Government Contractors

IT Acquisition

FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetOMB Issues Guidance to Agencies on Responsible Artificial Intelligence AcquisitionsExecutive Order 14410: An Artificial Intelligence Odyssey

ITAR

Emerging Technologies May Get Export Controls and CFIUS Reviews This Holiday Season

Joint Ventures

Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025Blessing or Burden? GAO Decision Casts New Light on Joint Venture ExperienceProposed Rule Introduces Critical Changes for SBA Contractors

Jurisdiction

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

Labor

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?PLAy Ball! Executive Order Directs Project Labor Agreements for Construction Projects Over $35 MillionThe Compliance Deadline for OSHA’s COVID-19 Healthcare Emergency Temporary Standard Is Here. Are You Ready?

Local Government

Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisionsFederal Contractors and Subcontractors Subject to yet More Mandatory Disclosure Requirements

M&A

New DOJ Strike Force Targets Collusion in Federal Contract AwardsIntegrating Cybersecurity Into M&A Compliance Reviews: Avoiding Hidden Cyber Risks in the Acquisition of Government ContractorsThe Sword of Damocles Hangs Over Miller Act Sureties and Brokers: Scollick Case Stayed Sixty Days for Mediation, but Outcome Remains Uncertain

Mandatory Disclosure

A New Frontier in Corporate Accountability: The DOJ’s Corporate Whistleblower Awards Pilot ProgramAn Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsSBIR/STTR Extension Act Preserves Innovation Programs, But Comes With a Bite

Medicaid

Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

Medicare

Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025How the Truth Is False: Accurate Prescription Drug Event Data Can Trigger False Claims Act Liability

Misusing

A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives

Modifications

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other ConsiderationsA Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives

MOSA Interfaces

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Multiple Award Schedule (MAS)

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshImportant Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility AddedThis Will Only Hurt a Bit: The GSA Mandates COVID-19 Vaccines in Nearly All Existing Contract Types

Nationwide Injunction

Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

NDAA

Bueller ... Bueller ...Bueller: The FAR Council’s Day(s) Off Come to an End with the Long Awaited Implementation of the SBA’s 2016 Revisions to the Limitations on Subcontracting Rule – The Government ContractorHere to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!The FAR Council’s Second Interim Rule Implementing NDAA Section 889(a)(1)(B): And the Hits Keep Coming!

NHO

Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesDFARS Final Rule Establishes Goal of 15-Day Accelerated Payments for Small Business ContractorsMcCarter Partners Franklin Turner and Alex Major Presented on “Effectively Prosecuting Contract Claims Against the Government” at NHOA Business Summit

NIST

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverThe “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined ParametersFeature Comment: The CUI Program: DOD, We Have A Problem (Part II)

Non-Payment

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience

OSHA

Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate NationwideFederal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The ImplicationsImportant Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added

Other Direct Costs

DoD CARES After All – New Cost Principle and DFARS Clause Implements CARES Act for Certain COVID-19 Costs

Other Transaction Agreements

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!Update on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

Patents

iEdison’s 2020 New Year’s Resolution – Improvement! Time to Submit Your CommentsIP Rights Under NASA and DoD “Other Transaction” Agreements—Inventions and PatentsContractors and Grantees Beware! Safe Harbors Removed in Preserving Patent Ownership Rights Under Bayh-Dole

Paycheck Protection Program (PPP)

Borrowers Beware: GAO Ramps Up Efforts to Root Out Fraud Among CARES Act Loan Recipients

Payments

New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

Performance-Based Payments

The Evolution of Contract Financing: Resurrecting Performance-Based Payments Under Fixed-Price Contracts

Pharmaceutical

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical Pharmaceutical

Procurement Fraud

Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

Prohibited Telecommunications Equipment

Changes to DoD Regulations Banning Chinese Telecommunications Equipment and Services Offer Potential Opportunities for Contractors

Prompt Payment

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience

Prompt Payment Act

Pay Me What You Owe Me, Don't Act Like You Forgot!Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Proposed Rule

CAS Madness Takes Its Toll: The Detailed Work of Conforming CAS to GAAPFeature Comment: The New Madness? CMMC-Mania — It’s Arrived!CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

Protests

Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!The GAO Sustains Protest Based on Awardee’s Organizational Conflicts of Interest—An Important Lesson for All ContractorsRecent GAO Decision Demonstrates the Utility of Pre-Award Protests

Regulations

Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t OverSummer Sun, Something’s Begun, But (Oh, Oh) Those FAR Part 12 RewritesAnd in This Corner … the Sweet Science of Federal Contracting’s Year-End

Regulatory Compliance and Claims

Rigging the Game? Antitrust Risks in the Public Contracting ArenaAnd in This Corner … the Sweet Science of Federal Contracting’s Year-EndThe Continuing Saga of 8(a) Social Disadvantage Eligibility

Reimbursement

Office Closures and Limited Access: Federal Contractor Considerations When Weathering Potential Political UnrestDoD Issues Draft Guidance for Contractor Reimbursement Under Section 3610 of the CARES Act

Request for Equitable Adjustment

A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE InitiativesTariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade PoliciesPay Me What You Owe Me, Don't Act Like You Forgot!

Requests for Equitable Adjustment

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other Considerations

Risk Management

Key Steps for Government Contractors During the Federal Shutdown

Sanctions

Export Controls and Global Trade: A Forecast and the Year in ReviewDeconstructing Those Russia Sanctions - Metropolitan Corporate Counsel

SDVOSB

The Sword of Damocles Hangs Over Miller Act Sureties and Brokers: Scollick Case Stayed Sixty Days for Mediation, but Outcome Remains Uncertain

Section 3610

DoD Issues Draft Guidance for Contractor Reimbursement Under Section 3610 of the CARES Act

Section 889

Changes to DoD Regulations Banning Chinese Telecommunications Equipment and Services Offer Potential Opportunities for Contractors

Shutdown

And in This Corner … the Sweet Science of Federal Contracting’s Year-EndGovernment Shutdown Irony: Battle Over Immigration Impacts E-Verify Employment Eligibility ChecksSmall Business, Big Problems: Navigating the Government Shutdown as a Small Business Contractor

Small Business

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalSurviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesDoD Mentor-Protégé Program Solidified under Proposed Rule

Small Business Administration

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalSurviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesThe Continuing Saga of 8(a) Social Disadvantage Eligibility

Small Business Programs

Key Steps for Government Contractors During the Federal Shutdown

Small Business Regulations

The Continuing Saga of 8(a) Social Disadvantage EligibilitySBA Confirms Social Disadvantage Narrative Is Required for 8(a) Program ParticipantsBlessing or Burden? GAO Decision Casts New Light on Joint Venture Experience

Software

FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetBuilding the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityThe Need for Speed: DoD’s “Software Fast Track” Targets Bureaucracy at Mach 2

Software Acquisition

FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit ResetBuilding the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityOMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions

Software Supply Chain Security

Building the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityEnough’s Enough: A New Executive Order Signals Sweeping Changes to Federal Cybersecurity Requirements

Specialty Metals

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

SPRS

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

State Government

Office Closures and Limited Access: Federal Contractor Considerations When Weathering Potential Political UnrestYour Biggest Cybersecurity Threat: Failing to PlanGovernment Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions

Stop Work

A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives

Stop-Work Orders

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other Considerations

Subcontracting Limitations

Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

Subcontractors

Rigging the Game? Antitrust Risks in the Public Contracting ArenaSurviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesFeature Comment: The New Madness? CMMC-Mania — It’s Arrived!

Subcontracts

Building the Cyber Fortress: New Cybersecurity Executive Order Targets Quantum, AI, and Supply Chain SecurityA Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE InitiativesAntitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025

Supply Chain

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalThe Need for Speed: DoD’s “Software Fast Track” Targets Bureaucracy at Mach 2Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

Suspensions

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other ConsiderationsA Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE InitiativesNew EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

TAA

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical PharmaceuticalPrevention v. Cure: Supply Chain Hygiene Is the Key to Defending Enforcement

Tariffs

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other ConsiderationsA Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE InitiativesTariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

Taxes Clause

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

TCPD

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Teaming Agreements

Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesDOJ’s Procurement Collusion Strike Force: Widening Its Stride on Its Third Anniversary

Telework

Update on the COVID-19 Federal Contractor’s Guide – The Office of Management and Budget Issues Critical Guidance Regarding Federal Contract PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

Terminations

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For ConvenienceA Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE InitiativesNew EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

Terminations for Convenience

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience

TINA

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Trade Agreements Act

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical Pharmaceutical

Tribal Enterprise

Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and TribesAlutiiq False Claims Act Settlement Highlights Significant Government Contract Compliance Risks for Tribal, NHO, and ANC 8(a) Subsidiaries

Tucker Act

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

Uncategorized

Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a RefreshViva ‘Contractification’: New Executive Order Promises Changes to Grant OversightChambers USA Ranks McCarter’s Government Contracts and Global Trade Practice Band 1 Nationwide

Unpaid Invoices

A Federal Contractor's Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience

Vaccination Mandate

Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate NationwideFederal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The Implications

Waiver

A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other Considerations

Whistleblower

A New Frontier in Corporate Accountability: The DOJ’s Corporate Whistleblower Awards Pilot Program
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Whether selling to the United States government, state agencies, or to foreign buyers abroad, McCarter & English provides comprehensive and full-spectrum representation in connection with the most complex of government regulations (ITAR, EAR, FAR, DFARS, FCA, and OFAC sanctions programs). Strategically placed in our Washington, DC, Newark, New York, Hartford and Boston offices, our Government Contracts & Global Trade Group attorneys bring the training, experience, and business savvy needed to help our clients navigate the dynamic array of federal, state, and municipal government contracts regulations. Our attorneys routinely develop and implement robust and proactive corporate compliance programs intended to satisfy the most demanding of statutory and regulatory requirements to help our clients limit risk and avoid the liability that may arise when working with, for, or at the behest of federal and state governments.

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