Government Contracts

Counting Down to Deadline for DoD Requirements for Safeguarding Covered Deference Information and Cybersecurity Incident Reporting

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10/11/2017Sterling, Michael L.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012 goes into effect on December 31, 2017. This “Cyber Clause” applies to most companies that do business directly with the Department of Defense as well as subcontractors and vendors. The Cyber Clause applies to Covered Defense Information (CDI), which is broadly defined to include almost all nonpublic information…. Read more »

NEW FAR CLAUSE HEIGHTENS CYBERSECURITY STANDARDS FOR CONTRACTORS’ INFORMATION SYSTEMS

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01/08/2017Christopher, Blake R.

Overview Earlier this year, the Department of Defense (DOD) issued a Final Rule adding a new clause to the Federal Acquisition Regulations (FAR) — FAR 52.204-21, which, in short, imposes fifteen specific requirements for contractor information systems possessing or transmitting “Federal contract information.” FAR 52.204-21 defines “Federal contract information” as any acquisition-related information not public… Read more »

THE FALSE CLAIM ACT: THE GOVERNMENT’S SLEDGEHAMMER JUST GOT BIGGER

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12/02/2016Harvey, James R.

The False Claims Act (FCA) has long been the United States Government most effective tool for dealing with fraud in government contracting, and that tool is now more powerful than ever.  Originally enacted during the Civil War to combat war profiteers, it allows the government to seek criminal and civil penalties. As a reward to… Read more »

GETTING PAID: Government Contracts

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11/29/2016Lowenstein, Neil S.

Authored by Attorney Neil Lowenstein, nlowenstein@vanblacklaw.com While we have discussed payment mechanisms for government projects previously, we thought a short refresher might be of interest. Typically, government construction projects, whether federal, state or local, have payment bonds to protect contractors who provide labor or materials for the project. But, Refresher Point #1 is that is… Read more »

General Accountability Office Proposing Fee for E-Filing Protests

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06/14/2016Christopher, Blake R.

LAW TIPS Authored by Attorney Blake Christopher – bchristopher@vanblacklaw.com Dissatisfied bidders and offerors can currently file protests for free electronically, but the General Accountability Office (GAO) is now proposing a $350 fee. The reasons given for the change are to finance the program, including a new system, and seemingly to discourage what the GAO’s considers… Read more »

Highway Projects Affected by Cargo Preference Act Changes

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04/11/2016Christopher, Blake R.

By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988. The Law. Congress passed the CPA in 1954 to promote a U.S. maritime transportation system. The… Read more »

Call the Doctor: Executive Order Establishes New Paid Sick Leave For Federal Contractors

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12/29/2015Vandeventer Black

Authored by Ashley P. Holmes On September 7, 2015, President Obama signed an executive order establishing paid sick leave requirements for federal contractors. Under the executive order, executive departments and agencies that contract with federal contractors will require that employees of federal contractors and lower-tier subcontractors earn at least one (1) hour of paid sick leave for every… Read more »

Five Things You Should Know About DoD Cybersecurity Regulations

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11/24/2015Lowenstein, Neil S.

Authored by Neil Lowenstein and Blake Christopher In 2007, a preeminent American defense contractor first reported cyber attacks emanating from China. Four years later, upon a visit by then Secretary of Defense Robert Gates, the Chinese Air Force revealed a fighter jet unnervingly similar to the one manufactured by the hacked American contractor. More recently, the FBI… Read more »