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SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

DOD Seeks Public Comment to Aid Its Adoption of AI in Defense Applications

WHAT: On May 22, 2024, the U.S. Department of Defense (DOD) Office of Industrial Base Resilience (OIBR) released a notice for public comment regarding actions the DOD can take to enable the Defense Industrial Base (DIB) to...more

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

[Webinar] Government Contracts Boot Camp Series - Significant Developments in Government Contracting (2023-2024 to date) - March...

This extended (90 minute) Boot Camp will review: - Recent legislation and notable regulatory changes affecting government contractors, including pending legislation and potential forthcoming rules; - Relevant...more

DOJ Signals Tough Stance on Crimes Involving Misuse of Artificial Intelligence

WHAT: Deputy Attorney General (DAG) Lisa O. Monaco delivered remarks at the University of Oxford in the United Kingdom on “the Promise and Perils of AI.” Her remarks focused on the U.S. Department of Justice’s (DOJ) use of...more

FAR Council Proposes Changes to Harmonize Procurement and Nonprocurement Suspension and Debarment Rules

WHAT: On January 9, 2024, the Federal Acquisition Regulation (FAR) Council published a proposed rule to amend the FAR to improve consistency between the procurement and nonprocurement rules on suspension and debarment. The...more

OMB Proposes Far-Reaching AI Risk Management Guidance Following AI Executive Order

On November 1, 2023, the Office of Management and Budget (OMB) released a Proposed Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Draft Memorandum), which aims...more

New AI Executive Order Outlines Sweeping Approach to AI

On October 30, 2023, the White House released an Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO), which outlines a sweeping plan for encouraging the development and managing the risks of...more

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more

What Contractors Need to Know About a Government Shutdown

WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill...more

Federal Circuit Holds “Sum Certain” Requirement for CDA Claims Is Not Jurisdictional

WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more

DOD Devotes Resources to Responsible Adoption of Generative AI

On August 10, 2023, the U.S. Department of Defense (DOD) announced the creation of Task Force Lima, which will focus on generative artificial intelligence (AI) responsibility and strategy issues. The task force announcement...more

Biden Administration Looks at Harmonizing Cyber Regulations Amidst Flurry of New Activity

Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more

Defense Department’s Updated Procurement Process Allows Quicker Access to Private Sector AI Products

[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.] Artificial Intelligence (AI) seems to be infiltrating...more

AI and Copyright Law: Understanding the Challenges

Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more

Federal Legislators Are Taking AI Implementation and Oversight Seriously

Congress is increasingly focused on potential new approaches to the responsible development and use of artificial intelligence (AI), with some members calling for enhanced oversight of AI systems. Most recently, on June 21,...more

Department of Defense is Tackling AI Challenges, Considering Bills of Materials

As Artificial Intelligence (AI) grows in popularity, discussion of its potential uses and risks is everywhere. The Department of Defense (DoD) is no exception and has been considering how AI development can be helpful or...more

A New White House Project on Responsible AI Sends a Message to the Private Sector, Including Contractors

It is hardly news that artificial intelligence (AI) has captured attention across the federal government. Wiley’s multidisciplinary AI team has been involved in efforts at the National Institute for Standards and Technology...more

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more

A New Era of Export Control and Sanctions Enforcement

Since the Russian invasion of Ukraine in February 2022, the U.S. government has made it increasingly clear that enforcement of export control and economic sanctions laws is a top priority. From launching task forces to target...more

Federal Circuit Holds That the Air Force’s Unilateral Price Definitizations Were Not Government Claims

WHAT: On April 25, 2023, the United States Court of Appeals for the Federal Circuit issued a decision in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035, holding that the Contracting Officer’s...more

New Year, New Compliance Challenges: Good Reasons to Spruce up Your Compliance Program in 2023

At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more

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