News & Analysis as of

DFARS

Wiley Rein LLP

DOD Launches Pilot Program for Sole Source Follow-on Awards to ESOPs

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On October 10, 2024, the U.S. Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish a pilot program allowing for sole source follow-on contract...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2024 #3

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Office of Personnel Management (OPM) Proposed Rule: Prevailing Rate Systems, Change in Criteria for Defining Appropriated Fund Federal Wage System (FWS) Wage Areas - On October 11, OPM published a proposed rule and...more

Holland & Knight LLP

15 Key Takeaways from the Final CMMC Program Rule Issued by DOD

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The U.S. Department of Defense (DOD) has long questioned whether contractors and their supply chains have been fully compliant with existing cybersecurity requirements aimed at protecting Controlled Unclassified Information...more

Sheppard Mullin Richter & Hampton LLP

Countdown to Compliance: DoD Finalizes the CMMC Program Rule

On October 15, 2024, the Department of Defense (“DoD”) published the final version of its Cybersecurity Maturity Model Certification (“CMMC”) rule in Title 32 of the Code of Federal Regulations (the “Final Rule”). (Reminder,...more

Seyfarth Shaw LLP

DOD Proposes Regulatory Changes To Streamline Cost Or Pricing Data Requirements

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On September 26, 2024, the Department of Defense (DOD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts (NDAA) for...more

Wiley Rein LLP

DOD Crystalizes CMMC 2.0 Program Rule

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WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) will publish the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more

Wiley Rein LLP

DOD Issues Proposed Rule to Address Conflicts of Interest for Certain Consulting Services

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Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more

Wiley Rein LLP

Bid Protest Lessons Learned From Oak Grove Technologies

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With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2024 #2

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Department of Health and Human Services (HHS) Interim Final Rule: Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - On October 2, HHS published an interim...more

Troutman Pepper

Federal Cybersecurity Requirements Ought Not Be Ignored by Contractors

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Since 2016, the federal government has implemented numerous procurement regulations and associated contract clauses to address cybersecurity by requiring contractors to adopt various controls and standards to protect...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Debriefings, Timeliness, Documentation

This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – October 2024

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Department of Defense (DOD) Rules: Defense Federal Acquisition Regulation Supplement (DFARS) - On September 26, DOD published five final rules and three proposed rules to amend the DFARS. The final rules are effective...more

Polsinelli

CMMC 2.0: Department of Defense Releases New Proposed DFARS Rule to Implement its Cybersecurity Maturity Model Certification 2.0...

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On August 15, 2024, the U.S. Department of Defense (DoD) published a proposed rule that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide the contractual framework for the agency’s Cybersecurity...more

Harris Beach PLLC

New Rule Requires Defense Contractors to Meet Cybersecurity Standards

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The Office of Information and Regulatory Affairs (OIRA) recently cleared the final rule for the U. S. Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) program, putting the agency one step closer to...more

Epstein Becker & Green

United States’ Complaint-in-Intervention Highlights Continuing Effort to Use the False Claims Act to Pursue Alleged Cybersecurity...

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In August, the United States filed a Complaint-in-Intervention in a False Claims Act (FCA) whistleblower suit alleging that the Georgia Institute of Technology (“Georgia Tech”) and an affiliate, Georgia Tech Research Corp....more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more

BakerHostetler

CMMC Barrels Closer to Implementation with Latest Proposed Rule Establishing DFARS Contract Clauses

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Cybersecurity Maturity Model Certification (CMMC) is coming — and now appears to be coming faster than many defense contractors believed. In the latest signal of CMMC’s forward momentum, the Department of Defense (DoD) issued...more

Morgan Lewis

DOD Progresses Toward CMMC 2.0 Implementation with New Proposed Rule

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The US Department of Defense (DoD) has issued a new proposed rule for implementing the next iteration of the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. This action drives forward the DoD’s plans to bolster...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Government Intervenes in Georgia Tech Cybersecurity False Claims Case

The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. The Government alleges that Georgia Tech failed to comply with the...more

Robinson+Cole Data Privacy + Security Insider

NIST Proposes New Cybersecurity and AI Guidelines for Federal Government Contractors

Recently, the National Institute of Standards and Technology (NIST) released its second public draft of Digital Identity Guidelines (Draft Guidelines). The Draft Guidelines focus on online identity verification, but several...more

Jenner & Block

Client Alert: Department of Defense Marches Forward with CMMC Requirements in Proposed Rule

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On August 15, 2024, the Department of Defense (DoD) issued a proposed rule to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program. While...more

McCarter & English Blog: Government Contracts...

CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense...more

McCarter & English Blog: Government Contracts...

DOJ Went Down to Georgia: Lessons Learned from Recent Cybersecurity Enforcement Actions

Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that...more

Dorsey & Whitney LLP

DOJ on Campus: DOJ’s First Intervention in False Claims Act Case Alleging University Knowingly Failed to Meet Contractual...

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Cybersecurity requirements for federal contractors and grantees continue to proliferate—and those requirements do not just come with contractual risk. Increasingly, the United States government is leveraging enforcement...more

Alston & Bird

Department of Justice Intervenes in Cybersecurity Qui Tam Action Against Georgia Tech

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On Thursday, August 22, 2024, the United States Department of Justice (“DOJ”) filed a Complaint-In-Intervention in the case of United States of America ex rel. Christopher Craig and Kyle Koza, v. Georgia Tech Research Corp....more

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