June 1, 2021Cybersecurity & Data Privacy

Executive Order on Cybersecurity Expands Mandatory Breach Notification and Supply Chain Security Requirements for Government Contractors

On May 12, 2021, the Biden administration issued an ambitious Executive Order on Improving the Nation’s Cybersecurity (EO) declaring the prevention, detection, assessment, and remediation of cyber incidents to be a “top priority and essential to national and economic security.” Over 8,000 words long, the EO establishes a series of initiatives designed to better equip ...›

May 21, 2021Defense, National Security

DOD Proposes Enhanced Debriefing Regulations

Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011, which required DOD agencies to give debriefed offerors two business days in which to pose ...›

Post-Brexit UK Public Procurement Reform

The Procurement Bill announced in the Queen’s Speech at the opening of Parliament in May 2021 was one of 30 new bills on the UK government’s legislative agenda for the coming year.  The main aim of the Procurement Bill is to reform the government procurement process in the UK and create replacements for the current ...›

May 18, 2021Cybersecurity & Data Privacy

Data Rights: Current Developments & Pending DOD Changes

Jay DeVecchio recently published a Briefing Paper for Thomson Reuters covering recent developments in the Department of Defense’s (DOD) Defense Federal Acquisition Regulation Supplement (DFARS) data rights provisions. Dissecting the DOD’s recent actions and attitudes, this article contextualizes the upcoming DOD proposal as it relates to commercial space and offers guidance to contractors on responding ...›

Protests and Litigation
May 7, 2021Protests & Litigation

APRIL 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration (GSA) schedule contract; (2) whether an agency improperly used an unstated evaluation criterion; and (3) whether unsuccessful Team Leaders under a GSA co-prime Contractor Team Arrangement (CTA) ...›

Compliance
May 5, 2021National Security

National Security and Investment Act Receives Royal Assent

On 29 April 2021, there was a significant development in the evolving European national security landscape, when the National Security and Investment Act (the “Act”) was granted Royal Assent and passed into law in the United Kingdom. Originally published in November 2020, the Act represents one of the biggest shake-ups of the UK’s investment screening ...›

April 22, 2021Small Business

Levels of Accountability: What Federal Contractors Should Know About Small Business Subcontracting Plans and Compliance Reviews

Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to small businesses, contractors that are “other than small” are obliged to ensure that the small business subcontracting goals are met. Contractors that ...›

U.S. Government Responds to SolarWinds Hack, Seeks to Establish New Norms for Cyber Espionage

After much anticipation and hints, the U.S. Government announced a series of measures to respond to recent Russian actions against the United States, including the SolarWinds intrusion campaign. The measures underscore that companies are not in a position and should not be left to defend against nation state actors on their own, and that the ...›