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FAR Council Unveils Long-Anticipated Rule for Controlled Unclassified Information

WHAT: The FAR Council published a proposed rule to incorporate the Controlled Unclassified Information (CUI) Program into the acquisition process and, in doing so, seeks to more clearly define government and contractor roles...more

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

FAR Council Withdraws Rulemakings on Pay Transparency and Contractor Disclosure of Greenhouse Gas Emissions

WHAT: The Federal Acquisition Regulatory Council (FAR Council) announced this week that it is withdrawing two proposed rules. First, it withdrew a January 2024 proposed rule that sought to prohibit government contractors from...more

A Looming Government Shutdown Is Hours Away: A Reminder of What Contractors Need to Know

WHAT: The odds of a federal government shutdown occurring have increased substantially after a gridlocked Congress, spurred by the incoming Administration, has been unable to reach an agreement on a continuing resolution, and...more

NDAA Provisions Impacting Government Contractors and Their Supply Chains

On December 18, 2024, the Senate passed the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which the House of Representatives passed the previous week. President Biden is expected to sign the bill into law...more

DOD Seeks Contractor Disclosures of Foreign Access to Software Source Code

WHAT: The U.S. Department of Defense (DOD) issued a proposed rule to implement Section 1655(a) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). The proposed rule would...more

FAR Council Issues Interim Rule Prohibiting Procurement and Operation of Certain Unmanned Aircraft Systems

WHAT: On November 12, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued an interim rule amending the FAR to implement the statutory prohibition on procurement and operation of unmanned aircraft systems...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

FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for...more

What Does CISA’s Secure Software Development Form Mean for Contractors?

WHAT: The U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) published the final version of its Secure Software Development Attestation Common Form (Common Form) and announced...more

Cyber and Government Procurement: An Update as the FASC Piles on Supply Chain Security Regulations

We continue to track developments affecting government contractor cybersecurity and supply chains, as the federal government churns out proposals and rules. Wiley’s supply chain, cyber, government contracts, and national...more

Important NDAA Provisions for Contractors and Their Supply Chains

On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

Interim Rule Requires Contractors to Secure Supply Chains Involving Covered Articles and Sources Subject to FASC Exclusion and...

WHAT: A new interim rule prohibits contractors from delivering or using covered articles and sources that are subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018...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

[Podcast] TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors [Audio]

Much like high school teachers across the country, Congress and the Executive Branch have been expressing security concerns about TikTok and its parent company, ByteDance, a Chinese software firm. These concerns led to the No...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

FAR Council Publishes Interim Rule Banning TikTok on Contractor Devices

WHAT: The Federal Acquisition Regulation (FAR) Council published an interim rule implementing the No TikTok on Government Devices Act that was included in the Consolidated Appropriations Act, 2023 (Pub. L. No. 117-328) and...more

Newly Enacted Legislation Calls for Updates to the FAR’s OCI Rules

WHAT: President Biden signed into law the Preventing Organizational Conflicts of Interest in Federal Acquisition Act, Pub L. No. 117-324, which mandates updates to the Federal Acquisition Regulation’s (FAR) provisions...more

The NDAA Includes Prohibitions Targeting Semiconductors Similar to Section 889

WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more

FAR Council Proposes to Create a New Standard of Contractor Responsibility: Requiring Contractors to Disclose Greenhouse Gas...

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more

Section 889 Part B Redux: What Are Contractors’ Compliance Obligations in 2021?

In July 2020, the Federal Acquisition Regulation (FAR) Council published the interim final rule implementing Section 889(a)(1)(B) (Section 889 Part B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal...more

What Cyber Landscape Awaits Government Contractors Following Biden’s Executive Order?

On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more

National Defense Authorization Act for Fiscal Year 2021 Includes Numerous Provisions Impacting Government Contractors

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill. The Senate’s move,...more

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