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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 Programs

UPDATE: 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

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

Antitrust

DOJ’s Procurement Collusion Strike Force: Widening Its Stride on Its Third AnniversaryNew DOJ Strike Force Targets Collusion in Federal Contract Awards

ASBCA

The ASBCA Thunders to the Government: Do Your Job!

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

BAA

(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

Bayh-Dole

NIST 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 CommentsIP Rights Under NASA and DoD “Other Transaction” Agreements—Inventions and Patents

Berry Amendment

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

Bid Protests

Blessing or Burden? GAO Decision Casts New Light on Joint Venture ExperienceSometimes Post-Proposal Communications Are More Than Sweet Nothings …The Devil Is in the Details: Recent GAO Decision Underscores the Importance of Checking the Agency’s Math

Bid-rigging

DOJ’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

Back 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 ProjectsLes Misérables — Contractors and Agencies Struggle to Navigate Build America, Buy America Requirements One Year Later

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

(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

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

Integrating Cybersecurity Into M&A Compliance Reviews: Avoiding Hidden Cyber Risks in the Acquisition of Government Contractors

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

CICA

New DOJ Strike Force Targets Collusion in Federal Contract Awards

CISA

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

Claims

When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment for Every Contractor“Respect My Authority!”—An Important Reminder as DoD Issues an Updated Guidebook for Contracting Officer RepresentativesDoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

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?’

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

Get Back: DOD Retreats While Revealing Plans for CMMC 2.0CMMC 2.0: Throwback Cybersecurity — Everything Old Is New AgainCybersecurity Maturity Model Certification (CMMC) Version .6: Another Step on the Department of Defense’s Long and Winding Cybersecurity Road

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

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!FEMA Opens a Door and Closes a Window: A Primer on FEMA’s Broad Efforts to Obtain and Retain Medical Supplies to Combat COVID-19Commerciality in the Time of Coronavirus—DCMA Issues New Class Commercial Item Determination and Guidance

Competition

The 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

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp FocusSmall Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting LimitationsKnowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard

Construction

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

Contract Changes

Office 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 PerformanceCOVID-19 Federal Contractor’s Guide – Some Quick Points for Surviving and Thriving in This Unprecedented Environment

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

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

Knowing 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

2020 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 CostsLet Me Clear My Throat: DCAA Course Corrects on “Expressly Unallowable” Costs

Court of Federal Claims

Dear 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

Critical Infrastructure Industry Drafted: Welcome to the Cyber War

Critical National Security Technology

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

CUI

Setting the Table: The Department of Homeland Security’s Rules on Safeguarding Controlled Unclassified Information

Customs

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

Cybersecurity

Setting the Table: The Department of Homeland Security’s Rules on Safeguarding Controlled Unclassified InformationTikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsNIST SP 800-171 Revision 3: Not Another Reboot

Cybersecurity & Infrastructure Security Agency

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

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

Defense Industrial Base

Critical Infrastructure Industry Drafted: Welcome to the Cyber WarHere to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

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

DFARS

NIST SP 800-171 Revision 3: Not Another RebootDoD Braces for Inflation: Guidance for Contractors Battling Rising CostsGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

DFARS Deviation

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

DOD

“Respect My Authority!”—An Important Reminder as DoD Issues an Updated Guidebook for Contracting Officer RepresentativesDoD Braces for Inflation: Guidance for Contractors Battling Rising CostsGet Back: DOD Retreats While Revealing Plans for CMMC 2.0

DOE

Summary of Agency Class Deviations Implementing Federal Contractor Vaccine Mandate

DOJ

I Will Find You: DOJ Uses Its Particular Set of Skills to Enforce Domestic Preference RulesHow the Truth Is False: Accurate Prescription Drug Event Data Can Trigger False Claims Act Liability

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

DoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Emerging Technology

SBIR/STTR Extension Act Preserves Innovation Programs, But Comes With a BiteThe U.S. Government Is Asking Industry to Help Identify ‘Emerging Technologies’ - STAT

Energy

Critical Infrastructure Industry Drafted: Welcome to the Cyber War

EPA

DoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Equal Employment Opportunity

UPDATE: 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

Excusable Delay

Office Closures and Limited Access: Federal Contractor Considerations When Weathering Potential Political Unrest

Executive Orders

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsCritical Infrastructure Industry Drafted: Welcome to the Cyber WarWith Just a Little Ado: Significant Buy American Changes Are Coming Before Halloween

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

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp FocusNo Harm, No Fraud: The Supreme Court Narrows the Application of the Wire Fraud Statute and Unanimously Overrules the “Right to Control” TheoryKnowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard

FAR

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsSometimes Post-Proposal Communications Are More Than Sweet Nothings …An Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas Emissions

FAR Deviation

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

FCEB

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

Federal Civilian Executive Branch

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

Federal Contractors

No Harm, No Fraud: The Supreme Court Narrows the Application of the Wire Fraud Statute and Unanimously Overrules the “Right to Control” TheoryAn Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsJuneteenth Is Fast Approaching: Time to Check and Confirm Your Contractual Fringe Benefit Obligations for Paid Holidays

Federal Government

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsWith Just a Little Ado: Significant Buy American Changes Are Coming Before HalloweenBroad Categories of Employees of Federal Contractors Now Required to Be Fully Vaccinated by December 8–Law360

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

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

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

Blessing or Burden? GAO Decision Casts New Light on Joint Venture ExperienceThe 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

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 Contracts Regulatory Compliance

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsOstensible Clarity: SBA Rule Addresses Ostensible Subcontractor Rule in General Construction Contracts and DoverStaffing FactorsBueller ... 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 Contractor

Grants

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

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

Healthcare

The Compliance Deadline for OSHA’s COVID-19 Healthcare Emergency Temporary Standard Is Here. Are You Ready?

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

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsCritical Infrastructure Industry Drafted: Welcome to the Cyber War

Infrastructure

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

Injunction

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

Intellectual Property

Coming 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 ContractorsIP Rights Under NASA and DoD “Other Transaction” Agreements—Inventions and Patents

IT Acquisition

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsSlow and Steady Doesn’t Always Win the (Acquisition) Race: The CODER Act Aims to Transform DoD Software Acquisition

ITAR

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

Joint Ventures

Blessing or Burden? GAO Decision Casts New Light on Joint Venture ExperienceProposed Rule Introduces Critical Changes for SBA ContractorsNew DOJ Strike Force Targets Collusion in Federal Contract Awards

Labor

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?Raising the Wage: Biden-Harris Administration Dramatically Increases Minimum Wage for Federal Government Contractors

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

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsSBIR/STTR Extension Act Preserves Innovation Programs, But Comes With a BiteGambling on Compliance? DOJ Updates the House Rules on Corporate Compliance Program Expectations

Medicare

How the Truth Is False: Accurate Prescription Drug Event Data Can Trigger False Claims Act Liability

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)

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 TypesThe Buy American–Hire American Executive Order: There Will Be Devils in the Details When Buying American

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

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

NIST

NIST SP 800-171 Revision 3: Not Another RebootGet Back: DOD Retreats While Revealing Plans for CMMC 2.0NIST on Track to Clarify Bayh-Dole to Ensure High Prices Cannot Be Used as Grounds for Exercising March-in Rights – Or Is It?

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

Performance-Based Payments

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

Prohibited Telecommunications Equipment

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

Prompt Payment Act

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

Proposed Rule

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contractors to Disclose Greenhouse Gas EmissionsDoD Issues Proposed Rule on Enhanced Post-Award Debriefing RightsThe FAR Council Issues Proposed Rule to Implement Executive Order on Significant Buy American Changes

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

Regulations

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsOstensible Clarity: SBA Rule Addresses Ostensible Subcontractor Rule in General Construction Contracts and DoverStaffing FactorsSmall Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

Regulatory Compliance and Claims

The Continuing Saga of 8(a) Social Disadvantage EligibilitySBA Confirms Social Disadvantage Narrative Is Required for 8(a) Program ParticipantsSmall Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

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

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

Government Shutdown Irony: Battle Over Immigration Impacts E-Verify Employment Eligibility ChecksSmall Business, Big Problems: Navigating the Government Shutdown as a Small Business Contractor2019 Government Shutdown: The Export Controls, International Trade, and CFIUS Edition

Small Business

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

Small Business Administration

The Continuing Saga of 8(a) Social Disadvantage EligibilitySBA Confirms Social Disadvantage Narrative Is Required for 8(a) Program ParticipantsSBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs.

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

Here to Remind You of the Key Provisions of the Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!Slow and Steady Doesn’t Always Win the (Acquisition) Race: The CODER Act Aims to Transform DoD Software Acquisition

Software Acquisition

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

Software Supply Chain Security

Enough’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!

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

Subcontracting Limitations

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

Subcontractors

Ostensible Clarity: SBA Rule Addresses Ostensible Subcontractor Rule in General Construction Contracts and DoverStaffing FactorsGeorgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Subcontracts

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 ContractorThe Sword of Damocles Hangs Over Miller Act Sureties and Brokers: Scollick Case Stayed Sixty Days for Mediation, but Outcome Remains UncertainKnow Your Supplier: Effective August 13, 2019, Certain Chinese Telecoms Banned From Federal Procurement

TAA

Prevention v. Cure: Supply Chain Hygiene Is the Key to Defending Enforcement

Tariffs

Export Controls and Global Trade: A Forecast and the Year in ReviewInternational Trade Update: U.S. Heightens Tariffs on Chinese Goods; China Reciprocates

TCPD

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

Teaming Agreements

DOJ’s Procurement Collusion Strike Force: Widening Its Stride on Its Third AnniversaryNew DOJ Strike Force Targets Collusion in Federal Contract Awards

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

TINA

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

Tribal Enterprise

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

Uncategorized

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited ApplicationsSometimes Post-Proposal Communications Are More Than Sweet Nothings …What Every Federal Contractor Should Know About the FTC’s Proposed Rule to Void Noncompete Agreements Nationwide—and What to Do About It

Vaccination Mandate

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

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About Our Government Contracts & Global Trade Group

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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