Last week, DOD announced the release of CMMC Version 1.0. CMMC Version 1.0 is a comprehensive certification process featuring 171 cybersecurity best practices to ensure that contractors secure their information systems. The question on everyone’s mind is who is going to pay for the certification and all of the work necessary to comply.

DOD

On January 30, 2020 the Department of Defense released the Cybersecurity Maturity Model Certification (CMMC). The Department of Defense (DOD) Office of the Undersecretary of Defense for Acquisition and Sustainment developed the CMMC in response to concerns that contractors were not adequately protecting sensitive federal information, known as Controlled Unclassified Information (CUI). Although DOD has

For contractors, defending (and overcoming) bid protests that challenge contract awards based on alleged Organizational Conflicts of Interest (OCI) may hinge on what a contractor does at the very beginning of the procurement process.  Whether the contractor revealed, acknowledged, addressed, and documented potential OCI with the Contracting Officer (CO) could determine the fate of the

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in Federal contracting.  Data breaches are big news in the private sector, but the issue has remained somewhat under the radar for

The U.S. Department of Justice is maintaining its momentum in the prosecution of alleged government contracting fraud.  DOJ had its third largest year ever in terms of civil False Claims Act recoveries in Fiscal Year 2016, clawing back $4.7 billion from government contractors accused of misconduct.  And the latest trends for 2017 show that individual

After years of pushing by industry groups and the passage of the National Defense Authorization Act for Fiscal Year 2014, the U.S. Small Business Administration (SBA) issued a final rule to amend the federal small business subcontracting plan requirements in order to allow other than small (i.e., large in SBA speak) federal prime contractors to

GSA leases include operating costs (for example, the cost of cleaning services, supplies, materials, maintenance, trash removal, landscaping, water, sewer charges, heating, electricity, and certain administrative expenses attributable to occupancy) that will rise year after year. The key question for leaseholders is how to position yourself to recoup those cost increases beginning with the second

It’s a frustrating position for government contractors:  you have plenty of small businesses working on your job, but cannot count them towards your subcontracting goals because they are not first-tier subs.  Good news!  Things are about to change.

The U.S. Small Business Administration (SBA) is finally proposing to amend its regulations to allow large business

Yesterday, the Small Business Administration (SBA) issued new proposed rules that could dramatically change the landscape for small businesses, as well as large federal contractors that team with small business concerns.

With narrow, limited exceptions, the SBA regulations currently provide that two businesses that joint venture to perform federal contracts will be considered affiliated.  Affiliation