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Defense

Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0

November 8, 2021 By Amy Mushahwar and Jon Knight

The Department of Defense (DoD) recently announced it will be revamping the nascent Cybersecurity Maturity Model Certification (CMMC) program pending two separate rulemaking processes.  As detailed below, the DoD will be updating “the program structure and the requirements to streamline and improve implementation of the CMMC program.”  We will be monitoring the rulemaking process for more details as they are known.  However, the primary short-term takeaway is that until the rulemaking process is complete, the DoD is suspending the CMMC Pilot Program and will not include CMMC requirements [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Information Technology, IP and Research in the Government World Tagged With: Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), False Claims Act (FCA), U.S. Department of Defense (DOD)

Additional GSA Webinar Guidance for Section 889 Part B Implementation Delayed to September 10, 2020

August 10, 2020 By Paul Ghazaryan and Alston Government Contracts Team

The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B, which broadly prohibits the government from “entering into a contract with” an entity that “uses” “covered telecommunications equipment or services.”  Our prior blog posts on this topic can be found here and here. On August 6, 2020, the General Services Administration (“GSA”) gave notice that the previously scheduled August 12, 2020 GSA webinar [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, State, Regional and Local Government Contracts Tagged With: Federal Acquisition Regulations (FAR), Government Spending, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA)

GSA Provides Additional Guidance on Section 889 Part B Implementation and “Waivers”

July 31, 2020 By Paul Ghazaryan and Alston Government Contracts Team

On July 30, 2020, General Services Administration’s (“GSA”) Office of Small Business Utilization hosted a webinar on the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”).  The Alston & Bird Government Contracts team has been closely following developments and previously wrote about Section 889 Part B here. The webinar confirmed GSA’s position that Part B of Section 889 applies to every sector, no matter what a company makes or sells, and all systems a government contractor uses—whether in the performance of a government contract [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, State, Regional and Local Government Contracts Tagged With: Federal Acquisition Regulations (FAR), Government Spending, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA)

DoD Weighs In As Federal Contractors Search for Guidance on Implementation of Section 889 Part B

July 28, 2020 By Jessica Sharron and Paul Ghazaryan

To curb the threat of U.S. foreign adversaries gaining access to critical infrastructure and stealing sensitive information, Congress passed Section 889 ("Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment") as part of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”). There are two prohibitions in the statute, Part A and Part B.  Part A, which became effective on August 13, 2019, prohibits the government from “buying” certain “covered telecommunications equipment or services.” (NDAA Section 889(a)(1)(A)).  Part B, which is slated [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, State, Regional and Local Government Contracts Tagged With: Federal Acquisition Regulations (FAR), Government Spending, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA)

President Invokes Wartime Production Law to Require Commercial Businesses to Prioritize Manufacturing & Delivery of Goods to Combat Coronavirus Pandemic

March 18, 2020 By Andrew Howard

At a news conference this morning, March 18, 2020, President Trump announced he was invoking the Defense Production Act of 1950 (“DPA”) to thwart the Coronavirus pandemic. Among numerous broad powers, this 1950 law authorizes the President to force commercial entities to prioritize and accept contracts for materials and services deemed necessary to promote the national defense. While initially passed to ensure the nation’s wartime readiness following the Korean War, Congress has greatly expanded the scope of the law to include – within the meaning of “national defense” – emergency [...]Read more

Filed Under: Defense Tagged With: Defense Production Act of 1950

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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Recent Posts

  • The OFCCP’s New Contractor Portal: Here is What Federal Contractors and Subcontractors Ought to Know
  • Biden’s Infrastructure Funding Comes with Strings Attached
  • Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0
  • Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors
  • Is There a Road Forward for Biden’s Infrastructure Plans?
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