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October 2023
Proposal Would Make Losers Pay for Bid Protests
By Stephanie Barna , Michele Pearce and Kayleigh ScalzoSection 804 of the House-enacted version of the National Defense Authorization Act for fiscal year 2024 would establish a “loser pays” pilot program to require contractors to reimburse the Defense Department for costs incurred in “processing” bid protests that are ultimately denied by the Government Accountability Office. -
June 2023
JUST IN: TikTok Ban Issued for Federal Government Contractors
By Allyson ParkA new Federal Acquisition Regulation clause prohibits contractors from “having or using” the social media app on any devices used to conduct official business. -
November 2022
White House Pushes Domestic Manufacturing
By Nooree Lee , Peter Terenzio and Michael WagnerThe RFI’s emphasis on U.S. manufacturing and clean energy technology is no accident. Rather, it is a natural result of the Biden administration’s intense focus on these policy areas. -
December 2020
Parsing the Meaning of Performance Risk Scores
By Ryan Burnette , Susan Cassidy and Darby RourickOn Sept. 29, the Defense Department released an interim rule on addressing its increased requirements for assessing whether contractors are compliant with the 110 security controls in National Institute of Standards and Technology Special Publication 800-171. Contractors could be affected by how the Pentagon uses the assessment scores to evaluate supplier performance risks. -
January 2020
Pentagon Updating Cybersecurity Guidance
By Ryan Burnette , Susan Cassidy and Samantha L. ClarkIn December, the Defense Department released a new draft of its Cybersecurity Maturity Model Certification, or CMMC, an important guide for contractors. -
October 2019
Contractors Face New Reporting Requirements
By Jeff Bozman , Susan Cassidy and Samantha L. Clark -
May 2019
Operational Security Erodes in Social Media Age
By Zachary KronischIn 2017, fitness-tracking application Strava released a map detailing all location data uploaded by app users, including U.S. service members stationed overseas. -
April 2019
IG Report Has Implications for Contractors
By Ryan Burnette , Susan Cassidy and Michael WagnerOn Feb. 25, the Defense Department’s Office of Inspector General issued an audit report analyzing the prices of spare aviation parts purchased by the government from TransDigm Group Inc. The report has important implications for contractors doing business with the Pentagon. -
March 2019
Nonlethal Weapons Offer Victory, De-Escalation
By Zachary KronischIn 1995, U.S. troops protected United Nations forces withdrawing from Somalia by using nonlethal weapons to both subdue hostiles and prevent conflict escalation. In doing so, they exemplified both the value and viability of alternate, nonlethal options for the warfighter. -
March 2019
Debate Over Qui Tam Constitutionality Resumes
By Herb Fenster , Peter Hutt II and Carl WiersumThe motivating force behind the False Claims Act is its provision for qui tam enforcement, which authorizes private parties to initiate FCA cases on behalf of the United States.