Audits

Sparring 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 PlanUniversities Are Prime Targets for False Claims Act Liability

Bid Protests

The Devil Is in the Details: Recent GAO Decision Underscores the Importance of Checking the Agency’s MathThe GAO Sustains Protest Based on Awardee’s Organizational Conflicts of Interest—An Important Lesson for All ContractorsDoD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights

Buy American Act

(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure ProjectsLes Misérables — Contractors and Agencies Struggle to Navigate Build America, Buy America Requirements One Year LaterWith Just a Little Ado: Significant Buy American Changes Are Coming Before Halloween

Claims and Contract Disputes

When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment for Every ContractorKnowing IS the Battle: Supreme Court to Address the FCA’s Scienter StandardWhen Is an REA Also a ‘Claim?’

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

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

Cybersecurity

Critical Infrastructure Industry Drafted: Welcome to the Cyber WarGet Back: DOD Retreats While Revealing Plans for CMMC 2.0The US Government Is Buying Cybersecurity – Should You Be Selling? – Nuix Quarterly Partner Newsletter

Data Rights

Coming Soon? The American Data Privacy and Protection Act (SPOILERS)iEdison’s 2020 New Year’s Resolution – Improvement! Time to Submit Your Comments

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

DFARS

DoD Braces for Inflation: Guidance for Contractors Battling Rising CostsGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate NationwideFederal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The Implications

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

Knowing IS the Battle: Supreme Court to Address the FCA’s Scienter StandardThe US Government Is Buying Cybersecurity – Should You Be Selling? – Nuix Quarterly Partner NewsletterHow the Truth Is False: Accurate Prescription Drug Event Data Can Trigger False Claims Act Liability

Federal Supply Schedules

House Wants Uncle Sam to Purchase COTS Items From Amazon and Other Online SellersRecent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications

Government Contracts Regulatory Compliance

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 ContractorKeep American Businesses Workin’ 9 to 5—Bipartisan Changes to Buy American Requirements in Federal Procurement – The Government Contractor2020 False Claims Act Recoveries Were Down by One-Third in 2020. . . and That’s Bad News for Federal Contractors

GSA

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

Protests

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 ProtestsDear Magic 8-Ball—Should I Protest? Critical Protest Implications Following the Federal Circuit’s Expansion of Blue & Gold’s Waiver Rule in Inserso

Software Acquisition

National Defense Authorization Act FY 2018: Directions in Federal Software Acquisitions

Uncategorized

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsAttention Federal Contractors and First-Tier Subcontractors: Your EEO-1 Reports May Be Responsive to an OFCCP FOIA Request, and You Have Only until September 19, 2022, to Object.Eureka! Long-Awaited Updates to iEdison Present Opportunities and Challenges for Reporting of Government-Funded Inventions