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What DOD’s Proposed Changes to its Prototype OT (Other Transaction) Agreements Regulations Mean for Defense Contractors

On September 4, 2024, the Department of Defense (DOD) issued a proposed rule to update regulations related to other transaction (OT) agreements[1] to implement congressional changes in the statutory authority for prototype...more

[Webinar] Navigating M&A in the Manufacturing Industry: Strategies for Success - October 17th, 2:00 pm - 3:00 pm ET

If you’re a government contractor in the manufacturing industry looking to buy or sell your business, there are specific concerns you should be aware of to protect your interests. This webinar will guide you through legal and...more

Weekly Update for Government Contractors and Commercial Businesses – August 2024 #3

General Services Administration (GSA) Final Rule: GSA Acquisition Regulation (GSAR), Federal Supply Schedule (FSS) Economic Price Adjustment - On August 5, GSA published a final rule to standardize and simplify Multiple...more

Win or Lose: Using CMMC 2.0 Proposed Rule to Position Yourself for DOD Contracts

The Cybersecurity Maturity Model Certification (CMMC) Program has been a headache for many defense contractors since the idea was first introduced in 2019. The program seeks to protect unclassified information, including...more

Weekly Update for Government Contractors and Commercial Businesses – August 2024 #2

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition - Government contractors who are members of a tribal nation should be aware of the meetings listed below and a...more

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the...more

When a Protégé Rebels Against Its Mentor: The Price Contractors Pay for Not Knowing Fiduciary Duties

What happens when a protégé rebels against its mentor? In a recent decision from the Eleventh Circuit, Yorktown Sys. Grp. Inc., v. Threat Tec LLC, the court had to deal with such a question after Threat Tec, the protégé and...more

Weekly Update for Government Contractors and Commercial Businesses – August 2024

Prepare to (Semi)Conduct Your Due Diligence! Proposed Rule to Prohibit Certain Semiconductor Products and Services - Whether you’re aware or not, semiconductors are part of a vast variety of electronics. Semiconductors...more

Prepare to (Semi)Conduct Your Due Diligence! Proposed Rule to Prohibit Certain Semiconductor Products and Services

Whether you’re aware or not, semiconductors are part of a vast variety of electronics. Semiconductors appear in items ranging from smartphones to pacemakers. The Federal Acquisition Regulatory Council (FAR Council) issued an...more

Common Scenarios Triggering False Claims Act Violations, Part 1: Gov. Contracts and Cybersecurity [Video]

As federal and state governments intensify their efforts on fraud detection and prevention, and with substantial financial rewards encouraging whistleblowers to share insider information with authorities, the FCA has become a...more

Weekly Update for Government Contractors and Commercial Businesses – June 2024 #3

Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe) As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed....more

Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe)

As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed. This rapidly expanding procurement need presents great opportunities for businesses—both small...more

[Webinar] Common Scenarios Triggering False Claims Act Violations, Part 1: Government Contracts and Cybersecurity - June 26th,...

As federal and state governments intensify their efforts on fraud detection and prevention, and with substantial financial rewards encouraging whistleblowers to share insider information with authorities, the FCA has become a...more

Weekly Update for Government Contractors and Commercial Businesses – May 2024 #5

7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic...more

Coming Soon! CISA’s Proposed Rule on Government-wide Cybersecurity Reporting Requirements for Contractors

The Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) was enacted in 2022 with the primary purpose of preserving national security, economic security, and public health and safety. CIRCIA provides the Director...more

Weekly Update for Government Contractors and Commercial Businesses – May 2024

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban - On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against...more

CISA Unveils Final Self-Attestation Form for Software Producers Bidding on Federal Contracts

In March 2024, the Cybersecurity and Infrastructure Security Agency (CISA) released the final version of its secure software development self-attestation common form (Form), requiring federal government contractors who...more

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

Terms and Conditions vs. Contract Clauses: Which Language Applies to Government Contract Disputes?

Determining which language applies to a contract dispute is critical to any contractor seeking to recover costs through the claims and appeals process. Recently, through a series of appeals before the Civilian Board of...more

Weekly Update for Government Contractors and Commercial Businesses – April 2024 #2

Federal Acquisition Regulation (FAR) Council Notice:  FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI) - On April 10, the General Services Administration, Department of Defense,...more

Weekly Update for Government Contractors and Commercial Businesses – March 2024 #3

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals - After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners...more

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more

Weekly Update for Government Contractors and Commercial Businesses – March 2024 #2

Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more

Keys to Avoiding GAO’s Timeliness Trap

GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement. Specifically, Marathon reinforces a...more

SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology...more

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