Yesterday, the Office of the Under Secretary of Defense for Intelligence & Security, Department of Defense (DoD) published a final rule codifying the National Industrial Security Program Operation Manual (NISPOM) (DoDM 5220.22) into 32 C.F.R. Part 117. For the most part, this action simply inserts the long-applicable NISPOM requirements into the CFR, but DoD has
Uncategorized
FCC Reverses Precedent, Rules that Government Contractors Are Subject to the TCPA
In a ruling issued last week, the Federal Communications Commission (FCC) overturned precedent from 2016, ruling that federal, state, and local government contractors are subject to the Telephone Consumer Protection Act (TCPA) and therefore cannot make TCPA-prohibited robocalls on behalf of the government.
Click here to continue reading the full version of this alert.
Infrastructure 2020 & Beyond: Webinar Series
Rebuilding America’s aging and technologically challenged infrastructure is increasingly seen as an imperative. The need to invest in and mobilize resources for critical infrastructure projects has become an ever greater priority given the role project development can play in lifting the U.S. economy in dire times.
Congress and the Administration are actively exploring various forms…
All Things Protest: Watch Out for Waiver
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Rob Sneckenberg and Christian Curran are joined by guest Liam O’Reilly to discuss the Federal Circuit’s recent Inserso decision …
Coronavirus Update: White House Issues Guidance on “Opening Up America Again”
On April 16, 2020, the White House published non-binding guidelines for states and localities to consider in determining when and how to reopen businesses and schools and lift other COVID mitigation restrictions. Entitled “Opening up America Again” (Guidelines), the Guidelines are a set of recommendations for a three-phased reopening in jurisdictions that satisfy broad “gating…
EPA Considers Updating Federal Procurement Guidelines for Recycled Content
On April 7, 2020, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register requesting comments on federal procurement guidelines that designate products that are or can be produced with “recovered materials” and set forth recommended practices for purchasing such items. Recovered materials are those waste materials that have been recovered or…
COVID-19 Effects on Cleared Contractors
On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things:
- DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will
…
COVID-19 Benchmarking Survey Results
As part of our continuing commitment to help our clients address the effects of COVID-19, we are providing the initial, anonymized, and aggregated results from our benchmarking questionnaire. We continue to gather information and update the responses, but given the rapidly changing environment, we wanted you to have this information sooner than later.
Our…
Pay to Play: CFIUS Implementing Fees for Submissions of Voluntary Notices
On March 4, 2020, the Department of Treasury released a proposed rule to implement section 1723 of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) and require filing fees on voluntary notices to the Committee on Foreign Investment in the United States (CFIUS) for transactions that exceed $500,000. No fee will be required…
Crowell & Moring Releases Regulatory Forecast 2020 — Learn How a Secure Supply Chain is a Competitive Advantage
Crowell & Moring has released its Regulatory Forecast 2020: What Corporate Counsel Need to Know for the Coming Year, a report that explores the impact of regulatory changes on the technology industry and other sectors, and provides insight into the trends that in-house counsel can expect to face in the coming year.
For 2020,…