By Christian Curran, Olivia Lynch and Rob Sneckenberg on Posted in Bid Protest,Legal DevelopmentsWith 2017 firmly in the rear-view, it’s time to take stock of recent and anticipated bid protest developments. Today, we’ll look back and highlight five of the most significant trends in 2017 bid protests. In the near future, we’ll turn our gaze forward and predict the five most important protest developments to keep an eye… Continue Reading
By Kate M. Growley on Posted in Cybersecurity,Legal DevelopmentsAs defense contractors continue to push towards their end-of-year implementation deadline for NIST SP 800-171 under DFARS 252.204-7012, the National Institute of Standards & Technology (NIST) has given the contracting community some extra time to respond to a draft publication that outlines how they and their customers alike can assess compliance with the security standard. … Continue Reading
By Kate M. Growley on Posted in Cybersecurity,EventsCompanies of all sizes are increasingly subject to the practical and legal implications of today’s cybersecurity environment, and contractors are no exception. On May 26, 2016, at 11:00 AM Eastern, Crowell & Moring attorneys David Bodenheimer, Evan Wolff, and Kate Growley will lead a discussion highlighting some of the past year’s most significant cyber contracting… Continue Reading
By Steve McBrady and Terry L. Albertson on Posted in Cost/Cost AccountingIn a notice published in the Federal Register on February 8 that will almost certainly be unpopular with contractors and their customers, DoD asked for comments on its consideration of adding a requirement to the DFARS that would “require offerors to describe in detail the nature and value of prospective IR&D projects on which the… Continue Reading
By Terry L. Albertson and Steve McBrady on Posted in Cost/Cost AccountingWhile DOD’s August 26 white paper “Enhancing the Effectiveness of Independent Research and Development” explains that the intent of new requirements announced in the white paper is “not to reduce the independence of IR&D investment selection, nor to establish a bureaucratic requirement for government approval prior to initiating an IR&D project,” contactors have good reason to doubt… Continue Reading
By Olivia Lynch and Peter J. Eyre on Posted in GSA Schedule/Commercial ItemsOn August 26, 2015, the DoD published an Interim Rule to implement DoD policy on the acquisition of cloud services. This Interim Rule provides a list of terms and conditions regarding cloud computing services to be used in DoD contracts for information technology services as well as introduces the requirement that offerors responding to DoD… Continue Reading
By Kate M. Growley, Maida Oringher Lerner and Evan D. Wolff on Posted in CybersecurityYesterday, the DoD published an Interim Rule that, if finalized as drafted, would expand the already onerous requirements of the DFARS Safeguarding Clause to a broader array of potentially 10,000 defense contractors. Citing “recent high-profile breaches of federal information,” the DoD’s Interim Rule emphasizes the need for clear, effective, and consistent cybersecurity protections in its… Continue Reading
By Gordon Griffin on Posted in Procurement FraudFollowing the release of GAO and Congressional reports detailing counterfeit electronic parts in the Department of Defense (“DoD”) supply chain, Congress and the executive branch have made DoD supply chain security a priority. As part of the Government’s comprehensive approach to improving supply chain security for DoD, previously blogged about here and here, Congress passed… Continue Reading
By Crowell & Moring on Posted in GSA Schedule/Commercial ItemsOn Monday, DoD issued a final rule in a continuing effort to reduce the potentially inappropriate use of commercial item contracts. DFARS: Commercial Determination Approval, 77 Fed. Reg. 14,480, (Mar. 12, 2012) (to be codified at 48 C.F.R. pt. 212). The rule, most notably, modifies DFARS subpart 212.102 to require approval at the level above the contracting… Continue Reading
