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DFARS
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Federal Construction Contracting Blog
Happy New Year From DoD – The Proposed CMMC Rule Is Here
On December 26, 2023, the U.S. Department of Defense (DoD) published the much anticipated proposed rule for the revamped Cybersecurity Maturity Model Certification (CMMC) 2.0 Program. Following growing concerns within…
Government Contracts Legal Forum
No Longer Cloudy: DoD Issues New Guidance on FedRAMP Moderate Equivalency Cloud Security Requirements
By Nkechi Kanu, Jacob Harrison
The Department of Defense (DoD) recently published a memorandum clarifying what it means for a cloud service provider (CSP) to be Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline “equivalent” and…
GovCon & Trade
Department of Defense Publishes Long-Awaited CMMC Proposed Rule
By Richard Arnholt, Adam Briscoe, Todd Overman
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors…
Government Contracts Legal Forum
DoD’s New Year Resolution: A Cybersecurity Maturity Model Certification Program (CMMC) Proposed Rule
By Nkechi Kanu, Jacob Harrison
On December 26, 2023, the Department of Defense (DoD) released the highly anticipated proposed rule for the Cybersecurity Maturity Model Certification Program (CMMC), a cybersecurity regulatory program that will likely impact most…
Government Contracts & Investigations Blog
New Year, (Potentially) New Definition for “Subcontract”
By Ryan Roberts, Ariel E. Debin
In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation…
Government Contracts & Investigations Blog
It’s the Most Wonderful Time for New DOD Flow Down Policies: Flowing Down Too Many Clauses Will Get Prime Contractors More Than a Lump of Coal
By Ryan Roberts, Ariel E. Debin
On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to…
Government Contracts Legal Forum
Be Careful What You Wish For: Limited Commercial Subcontract Flowdowns May Increase Administrative Burdens
By Emily, Peter J. Eyre
The Department of Defense recently issued a long-awaited final rule prohibiting DoD prime contractors from “flowing down” FAR and DFARS clauses in subcontracts for commercial products or services, unless flowdown is specified…
Government Contracts Law
DoD Mentor-Protégé Program Solidified under Proposed Rule
By Alex Major, Philip Lee
On October 25, 2023, the Department of Defense (DoD) published a Proposed Rule amending the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and permanently authorizing the DoD Mentor-Protégé Program…
Government Contracts & Investigations Blog
Recent Cyber-Related False Claims Act Activity Signals Contractors and Universities Should Examine Their Cybersecurity Practices and Brace for an Uptick in Enforcement
By Townsend Bourne, Nikole Snyder
In recent weeks, there has been an uptick in news of cyber-related False Claims Act (“FCA”) activity. For example, on September 1, 2023, the court unsealed a qui tam lawsuit…
Organizational Integrity Group Blog
Recent Cyber-Related False Claims Act Activity Signals Contractors and Universities Should Examine Their Cybersecurity Practices and Brace for an Uptick in Enforcement
By Townsend Bourne, Nikole Snyder
In recent weeks, there has been an uptick in news of cyber-related False Claims Act (“FCA”) activity. For example, on September 1, 2023, the court unsealed a qui tam lawsuit…