After numerous fits and starts, on October 14, the Department of Defense (DoD) published a final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. Borne from documented deficiencies in the implementation of DoD-mandated security controls throughout the defense supply chain, the new CMMC program is a verification requirement to ensure contractors are complying with cybersecurity requirements at FAR 52.204-21, DFARS 252.204-7012, and DFARS 252.204-7020. Importantly, beginning in 2025 DoD RFPs will mandate the CMMC level contractors must meet in order to be eligible for award.
Continue Reading DoD Announces Cybersecurity Maturity Model Certification 2.0 Final Rule (Finally!)
HHS-OIG Set To Intensify Scrutiny of Grants and Contract Compliance: How to Prepare
As we detailed in a previous blog, on October 3, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a strategic plan to “safeguard[] the integrity of HHS grants and contracts.” The plan comes after the HHS-OIG found “gaps in HHS oversight of grants and contracts—gaps that allow HHS funds to be misspent, programs to fall short of their promise, and people to be put at risk.”
Continue Reading HHS-OIG Set To Intensify Scrutiny of Grants and Contract Compliance: How to PrepareHHS’ Office of Inspector General Announces New Strategic Plan: What Contractors Should Know
On October 3, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a strategic plan for improving oversight of public grants and contracts “to strengthen compliance with HHS award requirements; promote award practices that achieve program outcomes; and mitigate fraud, waste, abuse, and mismanagement.” This comes as grant fraud related to awards by HHS and other agencies routinely makes the news. For example, in July Janet Mello was sentenced to 15 years in prison for stealing over $100 million from a U.S. Department of Agriculture (USDA)/Department of Defense (DoD) grant program aimed at helping military families. Similarly, fraud stemming from the Paycheck Protection Act has been dubbed the “biggest fraud in a generation.”
Continue Reading HHS’ Office of Inspector General Announces New Strategic Plan: What Contractors Should KnowNew Organizational Conflict of Interest Regulations Coming Soon
On September 19, the Government Accountability Office (GAO) issued a report highlighting a gap in current Organizational Conflicts of Interest (OCIs) restrictions. According to the report, the Federal Acquisition Regulation (FAR) does not adequately address how contracting officers should consider bids from contractors who engage in contracting activities with the government of China and other countries of concern.
Continue Reading New Organizational Conflict of Interest Regulations Coming SoonDoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program rule.
Continue Reading DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 ProgramException to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities
In addition to opening the door to possible awards under the government’s Other Transactions Authority (OTA), products and services provided by contractors that meet the definition of a Non-Traditional Defense Contractor (NDC) may be treated by the government as commercial without any commercial determination pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 252.215-7013.
Continue Reading Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New OpportunitiesWelcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards
We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority. Multiple agencies now have this OT authority, which was first conceived by the principal architect of the 1958 NASA authorizing statute, Paul Dembling, who included in that legislation a catchall authorizing “other transactions as may be determined as necessary in the conduct of its work and on such terms as it may been appropriate.”
Continue Reading Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production AwardsBoeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud Charges
In a recent Law360 article, I discussed Boeing’s status as a federal contractor following the company’s guilty plea related to the fraud charges stemming from safety violations of its 737 Max 8 airplane. Although Boeing is one of the government’s top contractors for its work with the Department of Defense in terms of dollar value, the guilty plea could result in possible suspension or debarment from future federal contracts.
Continue Reading Boeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud ChargesTenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case
On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour.
Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage CaseRegister Now: The Rules and Risks of Federal Grant-Funded Construction Webinar
Your company, which has never had a federal grant or contract, was just awarded a $10 million grant to fund a much-needed construction project. Now what? Register for our upcoming webinar that will answer this question and more.
Continue Reading Register Now: The Rules and Risks of Federal Grant-Funded Construction Webinar