Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the...more
As the marketplace slows in response to the worldwide spread of COVID-19, companies are (or should be) breaking out their contracts and subcontracts to see what they say to protect themselves from current and future problems....more
3/20/2020
/ Contract Termination ,
Contract Terms ,
Coronavirus/COVID-19 ,
Emergency Response ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Performance Standards ,
Prime Contractor ,
State of Emergency ,
Subcontractors ,
Work Suspensions
January 2020 was a very important month for DOD’s Cybersecurity Maturity Model Certification (CMMC) initiative. Last week, on January 31, 2020, DOD issued CMMC “Version 1.0” to the public....more
2/5/2020
/ Audits ,
Certification Requirements ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
NIST ,
Subcontractors ,
Supply Chain
On December 13, 2019, DOD issued “Draft Version 0.7” of its Cybersecurity Maturity Model Certification (CMMC) to the public. Version 0.7 is a 190-page document, compared to the 90-page Version 0.6 issued in November of this...more
On November 7, 2019, DOD issued “Draft Version 0.6” of its Cybersecurity Maturity Model Certification (CMMC) – a 90-page document that is available on DOD’s CMMC website. Version 0.6 is a significant step forward, but there...more
11/19/2019
/ Certification Requirements ,
Certifications ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
NIST ,
Nonprofits ,
Request For Information
DoD’s 2016 final rule promulgating cybersecurity requirements at DFARS 252.204-7012 was a momentous development for DoD contractors, in part because the requirements included compliance with 110 security controls in National...more
The final DFARS cybersecurity rule promulgated in 2016, which included the latest changes to the DFARS clause at 252.204-7012, was a significant development for DoD contractors, in part because it mandates compliance with the...more
As predicted, a recent decision from the Federal District Court for the Eastern District of California is the first sign of a new, and potentially enormous wave, of Civil False Claims Act, 31 U.S.C. §§ 3729-33 (“FCA”) actions...more
5/30/2019
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Failure To State A Claim ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Fraud ,
Fraudulent Inducement ,
Materiality ,
NASA ,
NIST ,
Popular ,
Procurement Guidelines ,
Relators
GAO’s authority to hear protests involving other transaction agreements, or “OTAs,” has been in the headlines over the past year. GAO recently issued a decision holding that it will not review the award of non-procurement...more
As part of a series of recent Government publications concerning Department of Defense (DOD) cybersecurity efforts relating to contractors, on January 21, 2019, Ellen Lord, Undersecretary of Defense for Acquisition and...more
There have been notable developments in the past few months concerning DOD’s cybersecurity clause, DFARS 252.204-7012, and related DOD cybersecurity efforts. [1] This Miles Ahead Alert summarizes those developments, and...more