The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts.
The Government alleges that Georgia Tech failed to comply with the...more
The DoD takes yet another step towards full implementation of CMMC 2.0.
The proposed rule aims to implement many of the aspects of the Cybersecurity Maturity Model Certification program by amending the Department of...more
The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more
The Defense Innovation Unit has released a solicitation seeking Solution Briefs for full lifecycle micro-reactor power plant(s) that would start operations at an Army installation in the continental United States before the...more
On April 4, 2024, the White House released a pre-publication final rule substantially updating the Office of Management and Budget (OMB) Uniform Grants Guidance, which sets the foundational requirements for agencies in making...more
The proposed clause will require USAID contractors to develop new standards, policies, or procedures designed to protect children from sexual exploitation.
The Agency for International Development Acquisition Regulation...more
The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability.
The proposed rule allows for limited use of Plans of...more
1/19/2024
/ Code of Federal Regulations (CFR) ,
Contractors ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
NIST ,
Proposed Rules ,
Security Controls ,
Subcontractors
Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is...more
The DOE proposes to update and streamline its policies, procedures, provisions and clauses applicable to its contracts.
The changes include revisions related to facility clearances, Agreements for Commercializing...more
The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional.
All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more
8/31/2023
/ 8(a) Program ,
Affirmative Action ,
Fifth Amendment ,
Injunctions ,
Interim Guidance ,
Minority-Owned Businesses ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Department of Homeland Security amended its regulations due to the urgent need to protect Controlled Unclassified Information.
On June 21, 2023, the Department of Homeland Security (DHS or Department) issued a final...more
7/21/2023
/ Controlled Unclassified Information (CUI) ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Federal Contractors ,
Policies and Procedures
In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more
1/6/2023
/ China ,
Conflicts of Interest ,
Due Diligence ,
Foreign Entities ,
Iran ,
National Security ,
North Korea ,
Reporting Requirements ,
Russia ,
SBA ,
SBIRs ,
STTR ,
Venture Capital
The Small Business Administration’s interim final rule will allow many businesses to regain small business status or remain a small business for longer.
The SBA adjusted all its receipts-based size standards for inflation,...more
The effectiveness rate increased to 51 percent.
The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more
The “new normal” at the ASBCA has produced some interesting results for contractors to consider as they formulate and advance contract claims.
The Board docketed a near record low number of new appeals during FY 2021....more
A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision.
Contractors should seek...more
The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third...more
The Department of Defense issued a final rule adding the National Industrial Security Program Operating Manual (NISPOM) to the Code of Federal Regulations (CFR) and making other changes relevant to contractors that access...more
Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets”
Federal Circuit revives the question of whether the FAR 33.606...more
The U.S. Government spends billions annually on procuring goods and services, frequently using streamlined methods.
As one of the largest owners and lessees of real property in the country, the U.S. Government may be an...more
6/10/2020
/ Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Goods or Services ,
Medical Supplies ,
Military Goods ,
NASA ,
Re-Opening Guidelines ,
Supply Chain ,
Supply Contracts
Small businesses should prepare for new data rights provisions appearing in Small Business Innovation Research (SBIR) contracts.
The Department of Defense (DoD) class deviation addressing SBIR contracts will cause...more
On Oct. 18, 2019, the Court of Appeals for the Federal Circuit issued its decision in Raytheon Co. v. Sec. of Def., holding that salary costs associated with lobbying activities are expressly unallowable, and therefore...more
On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4.
When preparing reverse-FOIA submissions, a...more
10/21/2019
/ Department of Justice (DOJ) ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
New Guidance ,
Private Commercial or Financial Information ,
Public Disclosure ,
Public Records ,
Technology Transfer Agreements ,
Trade Secrets ,
Trade Secrets Protection Act of 2014
Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures.
The new rule takes effect on October 1, 2019 and permits defense...more
This third installment of Pillsbury’s Section 809 alerts focuses on recommendations to modernize and streamline the Department of Defense’s (DoD’s) appropriations, auditing and accounting practices.
The Section 809 Panel...more