Government Contracts & Investigations

Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits

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Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government Accountability Office (GAO) decision in MCR Federal, LLC, B-416654.2; B-416654.3 (December 18, 2018), serves as a reminder that failure is notRead More

Topics: Bid Protests and the Contracting Process

Navy-Marine Corps Issue Supplement to DFARS Cybersecurity Rule

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In the face of increasing concern over the security of Navy and Marine Corps (Navy) programs, the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) was updated on September 6, 2019 to incorporate significant additional cybersecurity compliance, monitoring and reporting requirements, as well as identify potential penalties for contractor noncompliance with cybersecurity requirements or delivery ofRead More

Topics: Cyber, Data Security, and Privacy

DoD Rolls Out Draft Cybersecurity Maturity Model Certification Framework To Validate Contractor Cybersecurity Compliance

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Comments Due September 25, 2019 Earlier this year, Assistant Secretary of Defense for Acquisition & Logistics Kevin Fahey announced that the Department of Defense (“DoD”) was working with Carnegie Mellon University and Johns Hopkins Applied Physics Laboratory to develop a new cybersecurity standard and certification framework for defense contractors, the Cybersecurity Maturity Model Certification (“CMMC”).Read More

Topics: Cyber, Data Security, and Privacy

In Submitting a Bid or Proposal – Timing is Everything!

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In its recent decision in Criterion Systems, Inc. v. U.S., , the U.S. Court of Federal Claims (COFC) denied protester’s pre-award protest challenging the Agency’s rejection of its late submission of a revised quote in response to a solicitation amendment and request for revised quotations. In this case, the solicitation provided that ““[f]ailure to followRead More

Topics: Bid Protests and the Contracting Process

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video Surveillance Goes Into Effect

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Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by imposing new representation and reporting requirements on contractors and their subcontractors (herein “contractors”) in the new FAR 52.204-24 Representation Regarding CertainRead More

Topics: International, Battlefield and Contingency Contracting, Sourcing Restrictions, Statutes and Regulations