More than 300,000 companies within the Defense Department’s supply chain will need to meet new Cybersecurity Maturity Model Certification (CMMC) requirements and pass a third-party assessment to ensure they are adequately protecting sensitive information on their networks. Now, Crowell & Moring has become the first AmLaw 100 firm to achieve Registered Provider Organization (RPO) status by the CMMC Accreditation Body (CMMC-AB) to help defense contractors comply with CMMC cybersecurity standards and prepare for their assessments.…

Government Contracts Legal Forum

“A Claim By Any Other Name”: Jurisdiction Over Certified Supplement to Termination Proposal

By Nicole Owren-Wiest, Skye Mathieson, Alexandra Barbee-Garrett & Catherine Shames

February 23, 2021

In Globe Trailer Manufacturing, Inc., ASBCA No. 62594 (Jan. 28, 2021), the Armed Services Board of Contract Appeals (the Board) addressed whether a contractor’s certified supplement to a termination settlement proposal (TSP) constitutes a claim under the Contract Disputes Act. After termination, the contractor submitted a TSP that included costs of constructive changes. During the ensuing TSP negotiations, the contractor provided government counsel with a supplement to the TSP that included supporting documentation, calculations,…

Government Contracts Legal Forum

Byte-Sized Q&A: What is Federal Contract Information?

By Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff & Michael G. Gruden, CIPP/G

February 22, 2021

In this episode, hosts Evan Wolff and Kate Growley talk with Michael Gruden about what government contractors need to know about Federal Contract Information or FCI. Crowell & Moring’s “Byte-Sized Q&A” podcast takes the complex world of government contracts cybersecurity and breaks it down into byte-sized pieces. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts …

Government Contracts Legal Forum

Fastest 5 Minutes: Suspension/Debarment, False Claims Act, and Oversight

By Peter J. Eyre & Gabrielle Trujillo

February 19, 2021

This week’s episode covers suspension and debarment, False Claims Act developments, and oversight relating to the pandemic response, and is hosted by partner Peter Eyre and associate Gabby Trujillo. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts …

Government Contracts Legal Forum

“You Have to Come Down with a Sledgehammer, Not a Toothpick!” – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries

By Brian Tully McLaughlin, Preston Pugh & Lyndsay Gorton

February 18, 2021

Yesterday, February 17, 2021, Senator Chuck Grassley (R-IA) and Acting Assistant Attorney General of the Civil Division, Brian Boynton, highlighted the central role that the False Claims Act (FCA) has held and will continue to play in the government’s civil fraud enforcement toolkit for years to come. In prepared remarks at the Federal Bar Association’s 2021 Qui Tam Conference, Grassley confirmed that he is drafting legislation intended to curb what he called the government’s incorrect…

Government Contracts Legal Forum

February Reports from PRAC and SIGPR Confirm Government’s Focus on Pandemic Funding Oversight and Enforcement Challenges

By Brian Tully McLaughlin, Lyndsay Gorton & Stephanie Crawford

February 17, 2021

On February 3, 2021, the Pandemic Response Accountability Committee (PRAC) issued an update to its Top Challenges in Pandemic Relief and Response, identifying new challenges in funding oversight and reiterating others identified in its original report issued in June 2020. The updated report, based on feedback received from Offices of Inspectors General (OIG) at more than 40 agencies, identifies four new challenges focused on ferreting out fraud related to pandemic funding and the health and safety…

Government Contracts Legal Forum

NIST Finalizes Enhanced Security Requirements for Combating Advanced Cyber Threats

By Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Maida Oringher Lerner, Michael G. Gruden, CIPP/G & Christopher Hebdon

February 9, 2021

The National Institute of Standards and Technology (NIST) recently released the final version of NIST Special Publication (SP) 800-172, Enhanced Security Requirements for Protecting Controlled Unclassified Information. Designed to supplement the requirements in NIST SP 800-171—the applicable standard under DFARS 252.204-7012—800-172 provides 35 enhanced security requirements to protect controlled unclassified information (CUI) associated with critical programs and high value assets from sophisticated adversaries referred to as advanced persistent threats (APTs). Although expected to impact…

Government Contracts Legal Forum

Byte-Sized Q&A: What is an APT?

By Kate M. Growley, CIPP/G, CIPP/US & Evan D. Wolff

February 8, 2021

In this episode, hosts Evan Wolff and Kate Growley talk about what government contractors need to know about advanced persistent threats – or APTs. Crowell & Moring’s “Byte-Sized Q&A” podcast takes the complex world of government contracts cybersecurity and breaks it down into byte-sized pieces. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts …

Government Contracts Legal Forum

Eleventh Circuit Holds that a Sincere Belief is not the Same as a Reasonable One Under the False Claims Act’s Retaliation Provision

By Trina Fairley Barlow, Brian Tully McLaughlin, Preston Pugh & Christine B. Hawes

February 8, 2021

On January 19, 2021, the Eleventh Circuit affirmed a district court’s rejection at summary judgment of a disgruntled employee’s False Claims Act (FCA) retaliation claim in Hickman v. Spirit of Athens, No. 19-10945 (11th Cir. Jan. 19, 2021). The Court’s decision makes clear that, despite expansions to the FCA in 2009 and 2010 protecting employees who engage in “efforts to stop 1 or more violations” of the FCA, plaintiffs must nevertheless establish that they…

Government Contracts Legal Forum

Fastest 5 Minutes: Domestic Preferences, Regulatory Freeze, Bid Protests, Executive Orders

By Peter J. Eyre & Monica DiFonzo Sterling

February 5, 2021

This week’s episode covers domestic preferences and American-made goods, the regulatory freeze memo, a bid protest decision about discussions, and an Executive Order that focuses on using the procurement process to address the Biden Administration’s climate policy, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts…

Government Contracts Legal Forum

Providing Legal Insight for Government Contractors

Blog Authors

Crowell & Moring Achieves CMMC Registered Provider Organization Status to Help Defense Contractors Prepare for Upcoming DoD Cybersecurity Assessments

“A Claim By Any Other Name”: Jurisdiction Over Certified Supplement to Termination Proposal

Byte-Sized Q&A: What is Federal Contract Information?

Fastest 5 Minutes: Suspension/Debarment, False Claims Act, and Oversight

“You Have to Come Down with a Sledgehammer, Not a Toothpick!” – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries

February Reports from PRAC and SIGPR Confirm Government’s Focus on Pandemic Funding Oversight and Enforcement Challenges

NIST Finalizes Enhanced Security Requirements for Combating Advanced Cyber Threats

Byte-Sized Q&A: What is an APT?

Eleventh Circuit Holds that a Sincere Belief is not the Same as a Reasonable One Under the False Claims Act’s Retaliation Provision

Fastest 5 Minutes: Domestic Preferences, Regulatory Freeze, Bid Protests, Executive Orders

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