Tag Archives: U.S. Department of Defense (DOD)

Warning: Iranian Cyber Response Possible Against Government Contractors

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As a result of heightened tension between the United States and Iran, companies, especially those that do business with the Federal Government and with the Department of Defense in particular, would be well-advised to take immediate steps to confirm and strengthen their cybersecurity measures.  Read on for the post from our firm’s Privacy & Cybersecurity Blog discussing how regulators are warning of a possible rise in cyber-attacks. ... After Friday’s announcement of the killing of Major General Qassem Soleimani, a leader of Iran’s Quds Force, several regulators have put industry on [...]Read more

Final FAR Council Rule Expands the Scope of GIDEP Screening and Reporting and Effectively Mandates GIDEP Membership for Covered Contractors

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The FAR Council recently issued a Final Rule on the Reporting of Nonconforming Items to the Government-Industry Data Exchange Program (GIDEP) to address supply chain risks from counterfeit and nonconforming goods. The Rule goes into effect on December 23, 2019. While the Final Rule on its face addresses counterfeit and nonconforming parts, the GIDEP program is potentially more onerous than meets-the-eye. GIDEP is a U.S. Government funded and managed voluntary information exchange program among government and industry participants.  Its members include, among others, dozens of government [...]Read more

DOJ Antitrust “Strike Force” Will Crack Down on Collusive Bidding and Procurement Fraud

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On November 5, 2019, the Department of Justice (DOJ) announced the formation of a new Procurement Collusion Strike Force (PCSF) to prosecute collusive bidding and procurement fraud in government contracting. According to Deputy Attorney General Jeffrey Rosen, the PCSF “will target bid-rigging and other antitrust crimes that can cost American taxpayers billions of dollars each year by undermining the federal government’s processes for purchasing goods and services and for money granted to states and municipalities to undertake large, high-dollar-figure public improvement projects.” The PCSF will [...]Read more

Looking into the GovCon Crystal Ball for 2019: Jeniffer Roberts and Katherine Veeder Discuss Supply Chain Management with Inside Defense

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Alston & Bird partner Jeniffer Roberts along with senior associate Katherine Veeder spoke with Inside Defense last month regarding potential hot topics in government contracting for 2019.  One such topic, as highlighted in the publication’s article, “Looking to 2019: Contracting advocates and experts lay out key issues in the year ahead” is supply chain management, including the new requirements and prohibitions that U.S. government contractors may need to flow down to their subcontractors.  As Jeniffer Roberts explained, “certain prohibitions, including those on the government [...]Read more

Jeremy Silverman and Mark Wade, Jr. Published in the National Law Journal on Key Issues for Federal Contractor M&A Transactions

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Alston & Bird partner Jeremy Silverman and associate Mark Wade, Jr. were published in the November 2018 edition of The National Law Journal. Their article, “Three Hot Topics for Federal Contractor M&A Transactions,” takes a look at certain key legal and business issues that are unique in M&A transactions involving federal government contractors. Readers interested in how small-business considerations, audit risk, and foreign ownership considerations play a role in GovCon M&A transactions would find the insight provided in the article to be particularly relevant. The article [...]Read more

Jeniffer Roberts and Katherine Veeder Published in Law360 Regarding Ongoing DFARS 252.204-7012 Implementation

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Alston & Bird partner Jeniffer Roberts and senior associate Katherine Veeder were published in Law360 on June 1, 2018 with their article, “Still Looking for Clarity in DOD Information Security Rule.” The article takes a look at the recently issued guidance related to DFARS 252.204-7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting,” offers their insight on how contractors and subcontractors alike are reacting to the new security requirements, and provides practical advice to contractors and subcontractors affected by the clause. Read the full article. Jeniffer [...]Read more

GAO Report on Government Contracting Finds Overall Decrease from 2011-2015 and Most Obligations on Service Contracts

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Every year, billions of dollars in products and services are needed to keep running the U.S. federal government’s 18 cabinet-level departments and nearly 100 other independent agencies. In March 2017, the Government Accountability Office (GAO) released results of its one-year audit of the government’s contracts between fiscal years 2011 and 2015 (including its fixed price, cost-reimbursement, and time-and-materials/labor hour contracts). Overall, GAO’s report shows a 24 percent decrease in government-wide contracting in FY 2015 from FY 2011 levels (a drop of approximately $438 billion), with [...]Read more

Is the False Claims Act Becoming a Catch-All Penalty for Any and Every Contractual Breach?

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A recent Department of Justice (DOJ) settlement announcement suggests that the government intends to continue to use the False Claims Act (FCA), rather than more traditional breach of contract or tort claims or regulatory authority, to administer its contracts. On March 7, 2016, the DOJ announced its $3 million settlement with ArmorSource LLC to resolve FCA allegations against the company. ArmorSource contracted with the U.S. Army in 2006 to provide ballistic helmets for combat. In 2010, the Army recalled the helmets after rounds of failed ballistic safety tests. The government alleged that from [...]Read more

Women-Owned Small Businesses and Sole Source Contracts

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President Obama’s administration has made it a priority to meet the Small Business Administration’s (SBA) prime and subcontracting goals, which include metrics relating to the percentage of government contracts awarded to small businesses, women-owned small businesses (WOSB), small disadvantaged businesses, service disabled veteran-owned small businesses, and historically underutilized business zones. Although in fiscal years 2013 and 2014 government agencies met or exceeded their prime contracting goals for small businesses in general, they did not achieve their goals for WOSBs. One way to [...]Read more

A Summary of the Department of Justice’s 2015 False Claims Act Review

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The False Claims Act (FCA) again proved itself to be the government’s primary tool to combat procurement fraud. According to the Department of Justice, in 2015 alone, the government recovered more than $3.5 billion from FCA settlements and judgments for the fourth year in a row, bringing the total recovery since January 2009 to $26.4 billion. Of the $3.5 billion recovered last year, roughly $1.1 billion came from settlements and judgments in cases alleging false claims for payment under government contracts, raising the total recovery for government contracts and procurement fraud settlements [...]Read more