News & Analysis as of

Department of Defense (DOD) Supply Chain DFARS

Fox Rothschild LLP

The Future of DOD Cybersecurity Is Here – The CMMC 2.0 Proposed Rule

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On August 15, 2024, the Department of Defense (DOD) announced the much-anticipated Proposed Rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to include Cybersecurity Maturity Model...more

Mayer Brown

US DoD Proposes Final Rule to Incorporate Contractual Requirements for the Cybersecurity Maturity Model Certification (CMMC)

Mayer Brown on

On August 15, 2024, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the Cybersecurity...more

Akin Gump Strauss Hauer & Feld LLP

New Cybersecurity Controls for Government Contractors: NIST Revises SP 800-171

In May, the National Institute of Standards and Technology (NIST) issued updated recommendations for security controls for controlled unclassified information (CUI) that is processed, stored or transmitted by nonfederal...more

McCarter & English Blog: Government Contracts...

DOD Releases Final Rule Prohibiting the Acquisition of Certain Magnets from Nonaligned Foreign Nations

China dominates the rare earth industry, accounting for approximately 60 percent of rare earth metal mining and approximately 90 percent of rare earth metal processing in 2023. In order to combat this near-monopoly and to...more

Holland & Knight LLP

Foundational Cybersecurity Standards for Contractors Updated

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The National Institute of Standards and Technology (NIST) released the third revision of its Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations." This...more

Akin Gump Strauss Hauer & Feld LLP

Many More Defense Contractors Now Eligible for DoD Cyberthreat Info-Sharing Program

On March 12, 2024, the Department of Defense (DoD) finalized a rule to open its Defense Industrial Base (DIB) Cybersecurity (CS) Program to all defense contractors who own or operate an unclassified information system that...more

Bradley Arant Boult Cummings LLP

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Wiley Rein LLP

What Contractors Need to Know About DOD’s National Defense Industrial Strategy

Wiley Rein LLP on

WHAT: On January 11, 2024, the U.S. Department of Defense (DOD) published its National Defense Industrial Strategy (NDIS). In line with DOD’s continued emphasis on modernizing and strengthening the supply chain and...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

Perkins Coie on

The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

Sheppard Mullin Richter & Hampton LLP

New Year, (Potentially) New Definition for “Subcontract”

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more

Sheppard Mullin Richter & Hampton LLP

It’s the Most Wonderful Time for New DOD Flow Down Policies: Flowing Down Too Many Clauses Will Get Prime Contractors More Than a...

On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and...more

Holland & Knight LLP

Silicon Valley Meets Washington, D.C.: DOD's CSO Authority Is Here to Stay

Holland & Knight LLP on

The U.S. Department of Defense (DOD) has finalized a proposed rule authorizing the acquisition of commercial products and services using general solicitation competitive procedures known as a "commercial solutions opening"...more

ArentFox Schiff

New Government Forced Labor Actions Reemphasize Supply Chain Diligence for Government Contractors and Importers

ArentFox Schiff on

Several recent US governmental regulatory actions intended to combat forced labor serve as a reminder to government contractors and importers of their need to conduct appropriate “know your supplier” due diligence to identify...more

Miles & Stockbridge P.C.

Proposed Amendment Tightens ‘Buy American’ Thresholds for DoD Procurements

The U.S. Department of Defense (DoD) recently issued a proposed amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) that tightens “Buy American” thresholds for DoD procurements....more

Venable LLP

Department of Defense Expands Scope of Specialty Metals Restriction

Venable LLP on

In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense...more

Sheppard Mullin Richter & Hampton LLP

Continuing Skepticism on China: Final Rule Requires Disclosure of Defense Contractor Personnel in China

On March 1, 2023, the U.S. Department of Defense (“DoD”) adopted, without change, Defense Federal Acquisition Regulation Supplement (“DFARS”) Case No. 2022-D010, Employment Transparency Regarding Individuals Who Perform Work...more

Wiley Rein LLP

DOD Issues Final Rule Regarding Use of SPRS Assessments in Procurement

Wiley Rein LLP on

WHAT: The U.S. Department of Defense (DOD) issued a final rule that requires contracting officers to consider Supplier Performance Risk System (SPRS) risk assessments when evaluating contractors’ proposals and quotes and when...more

Perkins Coie

The FY 2023 National Defense Authorization Act: Key Provisions Relevant to Defense Contractors

Perkins Coie on

Inflation relief for defense contractors, a ban on procurement of products and services containing certain Chinese semiconductors, and codification of the Federal Risk and Authorization Management Program (FedRAMP) governing...more

Dunlap Bennett & Ludwig PLLC

Updating Government Contracting Documents for Cybersecurity

This article is the third and final installment in a series of articles about how lawyers can better serve their clients by involving themselves in cybersecurity planning at an early stage. Just like Return of the Jedi was...more

Pillsbury Winthrop Shaw Pittman LLP

Contractor Settles Cybersecurity-Related False Claims Act Suit for $9 million

A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more

Foley & Lardner LLP

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

Foley & Lardner LLP on

Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more

Akin Gump Strauss Hauer & Feld LLP

Twin DOJ Initiatives Tackle Cybersecurity Fraud and Cryptocurrency Enforcement

Key Points - On October 6, 2021, the DOJ announced two new initiatives: the Civil Cyber-Fraud Initiative and the National Cryptocurrency Enforcement Team. The Civil Cyber-Fraud Initiative will fight rising cyber threats...more

Stinson - Government Contracting Matters

A Sea Change in Handling of Government Contractor Cyber Incident Reporting?

In the wake of increasing cybersecurity threats and incidents, the U.S. Department of Defense (DoD) amended its Federal Acquisition Regulation Supplement (DFARS) in 2015 to issue the 252.204-7012, Safeguarding Covered Defense...more

Foley & Lardner LLP

President Biden Issues Executive Order to Strengthen U.S. Cybersecurity Practices

Foley & Lardner LLP on

On May 12, 2021, President Biden issued an Executive Order on Improving the Nation’s Cybersecurity following a series of highly publicized cybersecurity incidents during the first four months of his presidency, including the...more

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