NIST Releases Revised Cybersecurity Controls and Requirements for Protection of Controlled Unclassified Information Resident in Contractor Information Technology Systems
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Morrison Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.
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- On May 10, 2023, the National Institute of Standards and Technology (“NIST”) released an Initial Public Draft of Revision 3 to NIST Special Publication (“SP”) 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. Although still in draft form, the document provides important... ›
President Biden Revokes Federal Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke IkoOn May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive Order 14043). The decision marks a significant shift in the administration’s earlier stance... ›
The Debt Ceiling and Its Potential Implications for Government Contractors
By: Kevin P. Mullen and Markus Gerhard SpeidelContractors face potential payment uncertainty as a result of the current congressional inability to agree to increase the federal government’s debt ceiling. The government reached the official debt limit months ago, on January 19, 2023. Yet by all appearances it continues to operate “as normal.”... ›
April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis
By: Caitlin A. CrujidoThis month’s Bid Protest Round-Up examines two recent decisions by the U.S. Court of Federal Claims (“COFC”). The first, Percipient.AI , Inc. v. United States , COFC No. 23-28C, involves the protest by a non-offeror of a contract awarded over two years ago. The... ›
Federal Government Provides Further Guidance and Draft Attestation Form for Software It Acquires
By: Tina D. Reynolds and Markus Gerhard SpeidelThe Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security (DHS) recently published a draft version of a Secure Software Development Attestation Common Form. The draft Common Form is designed to confirm that software producers ( i.e. , the manufacturers/developers of software... ›
Challenging Unilateral Definitizations of Undefinitized Contract Actions: What Is a Claim?
By: James A. TuckerForty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s administrative dispute process is complete, a contractor is... ›
Ninth Circuit Dissolves Preliminary Injunction of EO 14042 Contractor Vaccine Mandate
By: J. Alex Ward, Joseph R. Palmore and Krista A. NunezOn April 19, 2023, the U.S. Court of Appeals for the Ninth Circuit deviated from its sister circuits and reversed the Arizona district court’s preliminary injunction of the contractor COVID-19 vaccine mandate issued pursuant to Executive Order 14042 (“Contractor Mandate”). This decision has created a... ›
Supreme Court Weighs in on the Role of Subjective Intent Under the False Claims Act
By: J. Alex Ward and Krista A. NunezOn Tuesday, April 18, 2023, the Supreme Court heard argument in the consolidated cases of United States ex rel. Schutte v. SuperValu, Inc. , and United States ex rel. Proctor v. Safeway, Inc. , to consider whether subjective knowledge about the falsity of a... ›
March 2023 Bid Protest Roundup: Review, Self-Certification
By: Victoria Dalcourt AngleThis month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small Business Administration's issuance of a certificate of competency.... ›
Back to the Drawing Board: Far Councils Withdraw Long-delayed Proposed Rule for Lower-tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCannSome of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive credit towards its subcontracting plan goals for awards... ›