Government Contracts & Investigations

New Year, New Voluntary Self-Disclosure Policy for Export Controls and Sanctions

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Several years ago, the head of the State Department’s Director of Defense Trade Controls (DDTC) explained that, when a company engaged in substantial exporting makes no voluntary disclosures of export control violations, something is wrong. He reasoned that every company is made up of human beings—and human beings make mistakes, so every company doing lotsRead More

Topics: Export Controls, Sanctions and CFIUS, International, Battlefield and Contingency Contracting, Statutes and Regulations

New Changes to the ITAR Focus on Unclassified Technical Data And the release of “Access Information”

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As part of its years-long project to update and revise the International Traffic in Arms Regulations (ITAR) and better align them with the Export Control Regulations, the Department of State (DoS) recently amended the ITAR with an interim rule to address another group of amendments first proposed in June of 2015. The new rule definesRead More

Topics: Cyber, Data Security, and Privacy, Export Controls, Sanctions and CFIUS, International, Battlefield and Contingency Contracting, Statutes and Regulations

Small Business Runway Act Regulation Goes Into Effect – You May Have a Choice in How to Calculate Your Size

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Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain procurement provisions, such as subcontracting plan requirements and coverage under Federal Cost Accounting Standards (CAS). Prime and higher-tier subcontractors also are incentivized to useRead More

Topics: Small Business / Socioeconomic Issues, Subcontracting and Strategic Alliances

GAO Considers Reconsideration

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It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency). The Government Accountability Office (GAO) decision in Analytical Solutions by Kline, LLC (ASK), B-417161.3 (July 11, 2019), published on GAO’s website onRead More

Topics: Bid Protests and the Contracting Process

Securing the Supply Chain – CMMC Draft Version 0.7 Issued

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Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains, capabilities and practices for Levels 1 through 3. It deferred revisions to those parts of CMMC covering Levels 4 and 5. OnRead More

Topics: Bid Protests and the Contracting Process, Contract Administration, Cyber, Data Security, and Privacy, Ethics and Compliance