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
10/11/2024
/ Bid Protests ,
Bid Solicitation ,
COFC ,
Contracting Procedures ,
Eligibility ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Offerors ,
Prime Contractor ,
Registration ,
System For Award Management (SAM)
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
8/16/2024
/ Controlled Unclassified Information (CUI) ,
Corporate Counsel ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Proposed Rules ,
Reporting Requirements
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
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
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
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
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
2/21/2024
/ Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Cyber Crimes ,
Cybersecurity ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
FCC ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
OMB ,
Popular ,
White Collar Crimes
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
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
11/7/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Federal Contractors ,
Federal Employees ,
Governance Standards ,
Infrastructure ,
Innovation ,
NIST ,
OMB ,
Risk Management ,
Transparency
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
11/1/2023
/ Artificial Intelligence ,
Best Practices ,
Bias ,
Civil Rights Act ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Department of Homeland Security (DHS) ,
Discrimination ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
NIST ,
OSTP ,
Public Health ,
Secretary of State ,
Training ,
U.S. Commerce Department
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
10/12/2023
/ Cloud Computing ,
Controlled Unclassified Information (CUI) ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
DFARS ,
Executive Orders ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Internet of Things ,
Software ,
Subcontractors
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: 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
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
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
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
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
[*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
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
7/13/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
DMCA ,
Fair Use ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Information Technology ,
Intellectual Property Protection ,
Machine Learning ,
Web Scraping
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
6/29/2023
/ Artificial Intelligence ,
Emerging Technologies ,
Human Rights ,
Information Governance ,
Innovative Technology ,
Machine Learning ,
NIST ,
OMB ,
OSTP ,
Regulatory Oversight ,
Risk Management
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
6/14/2023
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Defense Sector ,
Department of Defense (DOD) ,
Digital Platforms ,
GAO ,
National Intelligence Agencies ,
Popular ,
Risk Assessment ,
Supply Chain ,
Surveillance ,
Technology Sector ,
Telecommunications
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
6/1/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Department of Defense (DOD) ,
Discrimination ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
National Security ,
NIST ,
OSTP ,
Request For Information ,
Risk Management
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
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
5/4/2023
/ BSA/AML ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Self-Disclosure Requirements ,
Ukraine ,
Whistleblowers
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
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
3/1/2023
/ Bring Your Own Device (BYOD) ,
Clawbacks ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OIG ,
Self-Disclosure Requirements