Government Contracts & Investigations

DOD Increasing Oversight of Contractor Cybersecurity and Cyber Supply Chain Risk Management

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On January 21 and February 5, 2019, the Under Secretary of Defense for Acquisition and Sustainment, Ellen Lord, issued two memoranda outlining steps that the Department of Defense (DOD) is taking to increase the scrutiny and consideration of a government contractor’s implementation of DOD cybersecurity requirements.  These memoranda make clear that the DOD is ratchetingRead More

Topics: Acquisition Reform and Emerging Issues

FAA Announces Audit of Its Award Practices for Major Acquisition Program Contracts

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In order to operate, maintain, and modernize the National Airspace System (NAS), the Federal Aviation Administration (FAA) relies on an expansive portfolio of capital assets. Acquisition plays a key role in supporting FAA’s mission to operate the NAS and modernize air traffic control through implementation of the Next Generation Air Transportation System (NextGen). The NextGenRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process, Claims and Disputes, Statutes and Regulations

OFCCP Announces New “Voluntary Enterprise-wide Review Program”

On February 13, 2019, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) issued Directive 2019-04, “Voluntary Enterprise-wide Review Program (VERP).”  VERP is essentially an elective audit program and, while it may seem to have some appealing components, it is hard to imagine how the risk of participation would outweigh the rewardRead More

Topics: Acquisition Reform and Emerging Issues, Labor and Employment, Statutes and Regulations

SCOTUS False Claims Act Statute of Limitations Decision Looms Large

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As most federal government contractors know, the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–33, can be a trap for the unscrupulous. The penalties associated with FCA violations can be steep, and the myriad other consequences (including debarment) can create an existential crisis. Government contractors would do well to pay attention to the FCA’s latest developments.Read More

Topics: Claims and Disputes, Fraud, False Claims, and False Statements, Statutes and Regulations

FAA Imposes New Security Requirement for Small Drones, Previews New Regulations for Operations Over People

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Effective February 25, 2019, all small (between 0.55 and 55 pounds) unmanned aircraft systems (UAS) are required to display the Federal Aviation Administration (FAA) registration number on the external surface of the aircraft. This is according to the FAA interim final rule: External Marking Requirement for Small Unmanned Aircraft, published on February 13, 2019. FAARead More

Topics: Aviation, Statutes and Regulations