On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s Federal Supply Schedule (FSS) agreement with the Food and Drug Administration (FDA).
Continue Reading Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers JurisdictionGovernment Contracts
Cyber Defense Magazine Article on CMMC Proposed Rule
By Richard Arnholt & Adam Briscoe on
Posted in Cybersecurity, Government Contracts
We published an article titled “Department of Defense Publishes Long-Awaited CMMC Proposed Rule,” in the March 2024 edition of Cyber Defense Magazine.
Continue Reading Cyber Defense Magazine Article on CMMC Proposed RuleBid Protest Minute: GAO’s Task Order Jurisdiction
By Richard Arnholt on
On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider it.
Continue Reading Bid Protest Minute: GAO’s Task Order JurisdictionProposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP).
Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting CommunityDepartment of Defense Publishes Long-Awaited CMMC Proposed Rule
By Richard Arnholt, Adam Briscoe & Todd Overman on
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors.
Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule[WEBINAR] Build, Buy, Thrive: A Manufacturer’s Guide to Success in Federal Projects
By Todd Overman on
Posted in Government Contracts
I am looking forward to discussing the Build America Buy America Act during a Tennessee Apex Accelerator webinar on Wednesday, January 24, 2024.
Continue Reading [WEBINAR] Build, Buy, Thrive: A Manufacturer’s Guide to Success in Federal Projects[WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful Partnerships
By Todd Overman on
A key aspect of SBA’s All Small Mentor Protégé Program (ASMPP) is the opportunity for mentors and protégés to form joint ventures to bid together on federal contracts and qualify as a small business.
Continue Reading [WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful PartnershipsNew Rule Seeks to Streamline DoD Commercial Product and Service Procurements
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are inapplicable to DoD commercial item procurements, including acquisitions of commercial off-the-shelf items and commercial services. The changes aim to reduce barriers to entry and administrative burden for nontraditional defense contractors and streamline DoD procurement of innovative technologies from the private sector.
Continue Reading New Rule Seeks to Streamline DoD Commercial Product and Service ProcurementsNew Requirements for Government Contractors and Joint Ventures
By Todd Overman on
I recently authored an article for Law360’s Expert Analysis column outlining a joint notice issued by the Information Security Oversight Office (ISOO), which offers guidance to government contractors regarding entity eligibility determination (EED) requirements for joint ventures.
Continue Reading New Requirements for Government Contractors and Joint VenturesCyber Incident Reporting May Be “Material” for Federal Contractors
By Taylor Sample on
Posted in Cybersecurity, Government Contracts
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). The proposed regulations include data incident reporting requirements the government explicitly designated as material to government contractors…