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The Department of Defense (DoD) recently implemented additional procedures for the mitigation of cybersecurity risks in its supply chain. Designed to identify and mitigate cybersecurity and related supply chain risks throughout a program’s lifecycle, DoD Instruction 5000.90, Cybersecurity Acquisition Decision Authorities and Program Managers, requires program managers to:

  • Assess contractors’ cybersecurity posture, including, where

On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 became law after both houses of Congress overrode President Trump’s December 23, 2020 veto of H.R. 6395.  This Act contains numerous provisions that will impose new requirements, expectations, or opportunities for government contractors.  Crowell & Moring’s Government Contracts Group analyzes key provisions

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

On December 3, 2020, the President issued Executive Order 13960, Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government. The Executive Order signals yet again the Federal Government’s emphasis on the use of AI and the importance of ensuring that AI is used in a manner that does not violate Americans’ privacy,

On November 6, the Information and Communication Technology (ICT) Supply Chain Risk Management (SCRM) Task Force, a public-private supply chain risk management partnership, published Lessons Learned During the COVID-19 Pandemic. In laying out the challenges posed by the pandemic, the report highlights the inevitable tension in supply chain risk management between achieving efficiencies and

Companies have less than one week to submit comments regarding a recent interim rule that provides the responsibilities, processes, and procedures for the Federal Acquisition Security Council (“FASC”), established by the Federal Acquisition Supply Chain Security Act of 2018.  Under the immediately effective interim rule, the FASC is responsible for assessing supply chain risk and

Today, August 13, the Office of Management and Budget (OMB) published a series of changes to the OMB Guidance for Grants and Agreements, including the addition of 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, which prohibits grant and loan recipients and subrecipients from using federal funds to

This week’s episode is a deep dive into Section 889 developments featuring partners Peter Eyre and Addie Cliffe. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Last week, the General Services Administration (GSA) announced that the Office of Governmentwide Policy would hold a live and recorded virtual webinar panel on August 12, 2020 to discuss the new interim rule implementing the 2019 National Defense Authorization Act Section 889(a)(1)(B) covered telecommunications prohibition.

The panel is expected to address the implementation and application

On July 14, the FAR Council published an interim rule revising FAR 52.204-24 and FAR 52.204-25 to implement Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibiting executive agencies from entering into, renewing, or extending contracts with contractors that use Huawei, ZTE, or other identified telecommunications equipment and services (“covered telecommunications equipment and