Cybersecurity is not a new concern, but its attention has grown significantly in recent years due to the increasing sophistication of persistent threats to the defense base from foreign and domestic actors alike. By some accounts, the USG loses approximately $600 billion each year to cyber-related thefts. These concerns have been the driver for DoD’s Cybersecurity Maturity Model Certification (CMMC) initiative as a necessary means for establishing a unified framework of systems, controls and standards to safeguard national security interests.
James Nagle and Howard Roth to Present “Contract Compliance” at the NCMA Columbia Basin National Education Seminar
On February 13th, James Nagle and Howard Roth will present a full day educational seminar on “Contract Compliance” at Columbia Basin NCMA’s National Education Seminar.
The FAR Council Adopts a New Rule on Reporting Counterfeit Parts and Major or Critical Nonconforming Common Items in the Supply Chain
After more than five years in the making, DoD, GSA, and NASA recently issued a final rule amending the Federal Acquisition Regulation (FAR) to require contractors and subcontractors to report to the Government-Industry Data Exchange Program (GIDEP) certain counterfeit or suspect counterfeit parts and “common items” with major or critical […]
On Halloween Day of 2019, President Trump signed Executive Order 13897, titled “Improving Federal Contractor Operations by Revoking Executive Order 13495.” (84 Fed. Reg. 59709 (Oct. 31, 2019)). This Order revoked, effective immediately, Executive Order 13495 on “Nondisplacement of Qualified Workers Under Service Contracts,” which was issued by President Obama. […]
In Meridian Engineering Co. v. U.S., 2019 WL 4594233, Case No. 11-492C (September 23, 2019), the U.S. Court of Federal Claims (“COFC”) decided a contractor was entitled to damages for cumulative delays on a construction project with the Army Corps of Engineers (“Government” or “Army”) to include costs due to […]
To help you navigate the rough seas of doing business with the federal government in the Trump administration, Washington PTAC, Pacific Northwest Defense Coalition, AGC of Washington, and the Government Contracts team at Oles Morrison have assembled a group of nationally recognized government contracts professionals for a seminar covering topics relevant to government contractors across […]
New Buy American Act Executive Order Ups the Ante on Domestic Preferences – What Construction Contractors Should Know
As anticipated, the Trump Administration has continued to build on its emphasis for domestic preference requirements on projects that are subject to the Buy American Act – both for projects that are directly funded by the federal government, or pursuant to the Administration’s January 31, 2019 Executive Order, “Strengthening Buy American Preferences for Infrastructure Projects,” potentially also to projects that are indirectly funded by the government. The Administration’s latest efforts in this area have come in the form of a July 15, 2019 Executive Order, “Maximizing Use of American-Made, Goods, Products, and Materials.” While this most recent Executive Order on this subject contains a number of proposed changes, which will need to be implemented through regulations, it proposes two changes that may have significant ramifications for the construction industry. This alert summarizes the key considerations for construction contractors.
Cybersecurity compliance has become an increasingly trending and important area for government review, especially by the Department of Defense (DoD), placing an emphasis on defense contractors and the government alike in ensuring that sensitive government data residing on nongovernment systems are protected from third party intrusion and disclosure. Indeed, recent cases in False Claims Act litigation have demonstrated just how serious a contractor’s noncompliance with cybersecurity requirements can be. For example, in U.S. ex rel. Markus v. Aerojet Rocketdyne Holdings, Inc., the court, in denying the defendant’s motion to dismiss, allowed a non-intervened qui tam complaint to proceed, where the relator alleged that the defendant’s systemic noncompliance with contractual cybersecurity standards resulted in the submission of false claims that the relator claimed warranted the imposition of treble damages that could far exceed the value of the contracts themselves. 2019 WL 2024595 (E.D. Cal. May 8, 2019). Notably, the court held that the relator had sufficiently pled violations of the False Claims Act even though, as the defendant argued, the regulations in question had recently been issued, frequently amended, and some agency guidance could reasonably be construed as relaxing any requirements. Id.
The Supreme Court Decides that a Relator May Have More Than Six Years to File a Qui Tam False Claims Act Complaint
In Cochise Consultancy, Inc. v. United States ex rel. Hunt, 139 S. Ct. 1507 (2019), the Supreme Court of the United States interpreted the statute of limitations (“SOL”) provision of the False Claims Act (“FCA”) to allow a relator’s qui tam action to proceed even though he filed more than six years after the alleged violations occurred (i.e., after the standard SOL period expired). This decision may restrict SOL defenses for FCA defendants because it confirms that, even if the Government does not intervene, a relator may have up to ten years to file a qui tam action, depending on when “the official of the United States charged with responsibility to act” (to quote the language of the statute) learned the material facts of the right of action.
Howard Roth will speak on cyber security at the NCMA Puget Sound Chapter meeting on Thursday, May 30th. The Q&A happy hour session will benefit both contractor and government contracts professionals as they navigate the latest in cyber security requirements. Due to space limitations, please reserve your spot by emailing […]
The Section 809 Panel, which is tasked with developing and providing recommendations to improve and enhance the efficiency of the Department of Defense procurement system, issued the third volume of its report and recommendations Jan. 15, 2019. Among the numerous recommendations for streamlining DoD acquisitions, several of which relate to […]
While domestic preference requirements in federal procurements, namely the Buy America and Buy American Acts, are not new their increased emphasis are. As has been well publicized, a central focus of the Trump Administration has been to encourage and increase the use of domestically sourced products and materials in connection […]
By Oles Morrison on December 12, 2018 | Posted in
As yet another government shutdown looms on the horizon, contractors must again prepare for the ramifications of a shutdown. At present, the President does not look likely to sign a budget bill unless Congress includes significant appropriations for a border wall which also does not appear likely. If no compromise […]
If you bid, but lost out, on a solicitation issued by the Federal Aviation Administration (FAA), you may be thinking of filing a protest to challenge the award. However, FAA procurements are unique in the sense that protests of such procurements are not decided by either the U.S. Government Accountability […]
So-called “sovereign acts” may soon affect the performance of a wide swath of government contracts by shielding the federal government from the fallout of President Trump’s newest tariffs. The sovereign acts doctrine is rarely discussed, but it can have a profound impact on contract profitability. While a contractor might normally […]