On July 1, 2020, the Department of Defense (DoD) Office of Inspector General (OIG) published its audit report. The report assessed the DoD Joint Artificial Intelligence Center’s (JAIC) progress in developing an Artificial Intelligence (AI) governance framework and standards, as well as DoD components’ implementation of security controls to protect AI data and technologies from internal and external cyber threats. DoD OIG concluded that the JAIC must do more and ensure consistency with DoD’s…

Government Contracts Legal Forum

NIST Enhances Final Draft of NIST SP 800-172, Enhanced Security Requirements

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

July 10, 2020

The National Institute of Standards and Technology (NIST) recently released the final public draft of NIST Special Publication (SP) 800-172, formerly known as Draft NIST SP 800-171B. Building on the security requirements in NIST SP 800-171, the applicable standard under DFARS 252.204-7012, 800-172 provides 34 enhanced requirements to protect Controlled Unclassified Information (CUI) associated with critical programs or high value assets from the risks posed by advanced persistent threats (APTs). Unlike prior drafts,…

Government Contracts Legal Forum

Lack of Security Clearance Renders Key Person Unavailable

By John E. McCarthy Jr., Rob Sneckenberg & Rina Gashaw

July 10, 2020

In M.C. Dean, Inc., GAO reaffirmed that where an offeror has actual knowledge that a proposed key person has become unavailable before award, the offeror is required to notify the agency, which may result in the offeror’s exclusion. Interestingly, here the awardee key person at issue was still technically available to work on the contract, but had been denied a security clearance necessary to perform their proposed role: program manager. The awardee argued that…

Government Contracts Legal Forum

Coronavirus Update: The SBA Discloses Recipient Identity and Other Information for PPP Loans of $150,000 and Above

By Mana Elihu Lombardo, Stephanie Marcantonio, Amy Laderberg O'Sullivan, Paul J. Pollock & Olivia Lynch

July 10, 2020

On July 6, 2020, the Small Business Administration (SBA) has made publicly available various types of information about all Paycheck Protection Program (PPP) loans, and targeted media scrutiny has immediately followed. For loans of $150,000 and above, the SBA has released the loan range (e.g., $150,000 – 350,000, $1,000,000 – 2,000,000, $5,000,000 – 10,000,000) and the recipients’ business name and street address. For loans of less than $150,000, the SBA has released the exact amount…

Government Contracts Legal Forum

NIST Enhances Final Draft of NIST SP 800-172, Enhanced Security Requirements

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

July 8, 2020

Government Contracts Legal Forum

GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments

By Amy Laderberg O'Sullivan, Liam O'Reilly & Zachary Schroeder

July 1, 2020

In Computer World Services Corporation, GAO sustained a protest challenging the Department of Homeland Security, U.S. Coast Guard’s corrective action taken in response to an earlier sustained protest by CWS. In its original protest, CWS successfully challenged a task order award; in response, the agency informed offerors via e-mail that it intended to remove a limited price realism analysis from its evaluation, and requested that offerors revalidate their price quotes within two days. The…

Government Contracts Legal Forum

Let’s Talk FCA

By Mana Elihu Lombardo & Jacinta Alves

July 1, 2020

In this episode, hosts Mana Lombardo and Jacinta Alves discuss the $175 Billion CARES Act Provider Relief Fund established in response to the COVID-19 Pandemic and FCA risks associated with receipt of those funds. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts …

Government Contracts Legal Forum

PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs

By Jacinta Alves, Lorraine M. Campos, Brian Tully McLaughlin, Gail D. Zirkelbach, Lyndsay Gorton & Stephanie Crawford

July 1, 2020

On June 17, 2020, the Pandemic Response Accountability Committee (PRAC) issued its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Effort” (the “Report”). PRAC was established by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). It consists of the twenty-one offices of inspectors general (OIGs) that oversee the agencies that received the bulk of the emergency funding, and it sits within the Council of Inspectors General on Integrity…

Government Contracts Legal Forum

All Things Protest: Watch Out for Waiver

By Christian Curran, Rob Sneckenberg & Liam O'Reilly

June 30, 2020

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Rob Sneckenberg and Christian Curran are joined by guest Liam O’Reilly to discuss the Federal Circuit’s recent Inserso decision and how it may impact the COFC’s waiver analysis for pre-award solicitation challenges. Listen: Crowell.com | PodBean | SoundCloud |…

Government Contracts Legal Forum

Industry & DoD Push for Delay in Implementing the Section 889(a)(1)(B) Prohibition

By Adelicia R. Cliffe, Alan W. H. Gourley, M.Yuan Zhou & Stephanie Crawford

June 22, 2020

Section 889(a)(1)(B) of the FY 2019 NDAA, scheduled to become effective on August 13, 2020, bars the Government from entering into a contract, or extending or renewing a contract, with any entity that uses certain covered telecommunications equipment or services. The prohibition against “use” of covered equipment applies broadly to a contractor’s “use” anywhere within the company (including affiliates), and is not limited to its performance of government contracts. Industry has expressed substantial concerns over…

Government Contracts Legal Forum

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Blog Authors

JAIC Has More Work To Do in Developing Artificial Intelligence Standards, while DoD Components and Contractors Must Implement Security Controls Around Artificial Intelligence, Says DoD OIG

NIST Enhances Final Draft of NIST SP 800-172, Enhanced Security Requirements

Lack of Security Clearance Renders Key Person Unavailable

Coronavirus Update: The SBA Discloses Recipient Identity and Other Information for PPP Loans of $150,000 and Above

NIST Enhances Final Draft of NIST SP 800-172, Enhanced Security Requirements

GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments

Let’s Talk FCA

PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs

All Things Protest: Watch Out for Waiver

Industry & DoD Push for Delay in Implementing the Section 889(a)(1)(B) Prohibition

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