Government Contracts & Investigations

Controlled Unclassified Information – The Devil Is In The Details

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Recently I participated in the National Defense Industrial Association (NDIA) Cyber Division’s Cyber Law and Policy Committee tabletop exercise on the identification and treatment of Controlled Unclassified Information (CUI) for purposes of compliance with DFARS 252.204-7012, Safeguarding covered defense information and cyber incident reporting, and the new Interim DFARS rules, 252.204-7019 and 252.204-7020, on BasicRead More

Topics: Cyber, Data Security, and Privacy

Contractors Should Prepare for Increased OFCCP Pay Scrutiny

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With the change in administration, government contractors should anticipate increased scrutiny of their pay practices. President Biden signaled heightened pay equity enforcement on his first day in office by appointing Jenny Yang the Director of the Office of Federal Contract Compliance Programs (“OFCCP”). Director Yang previously served as the Equal Employment Opportunity Commission (“EEOC”) ChairRead More

Topics: Labor and Employment

Continuing Developments on the Supply Chain Front

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Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto: Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the Headlights The Trump Administration rolled out regulations to implement prohibitions on the use or delivery of covered Chinese telecommunications and video surveillance productsRead More

Topics: Supply Chain Risk Management

Protests Alleging an Unmitigated OCI Must Present “Hard Facts” Even When the Awardee Is the Incumbent

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When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an organizational conflict of interest (“OCI”). However, as the recent Government Accountability Office (“GAO”) decision in Lukos-VATC JVRead More

Topics: Bid Protests and the Contracting Process, Government Contracts

DIB Take Note: SolarWinds Hack and DHS CISA Emergency Directive on Cyber Vulnerabilities Point to the Need to be Prepared for APTs

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If you don’t know about SolarWinds, then you haven’t been reading the news for the past six months. Last October 2020, it was reported that a widely-used networking tool that helps companies in the public and private sectors manage their Information Technology (IT) portfolios – SolarWinds Orion product — had been compromised. Publicly, it hasRead More

Topics: Cyber, Data Security, and Privacy, Government Contracts, Supply Chain Risk Management