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Defense Contracting

May 2020

Key Ruling Issued on Privilege Waivers

By Kevin T. Barnett and Michael Wagner
Defense Department

May 2020

DPA Rated Contracts Have Some Caveats

By Frederic M. Levy , Jennifer Plitsch and Carl Wiersum
The Defense Production Act allows the executive branch to apply a priority rating to its contracts, which would require them to be prioritized over any competing obligations, including prior commercial commitments. Contractors should be aware of how the legislation may apply to them.
Defense Department

March 2020

Industry May Find Relief for Coronavirus Delays

By Susan Cassidy , Evan R. Sherwood and Michael Wagner
The global spread of the COVID-19 virus may put many federal contractors at risk of missing contractual deadlines. In a growing number of cases, supply chains may become cut off, work spaces may be closed or employees may need to stay home — all of which could impact a contractor’s ability to perform in a timely manner.
Research and Development

March 2020

Pentagon to Evaluate Foreign Influence in R&D

By Tyler Evans , Jennifer Plitsch , Brooke Stanley and Michael Wagner
The Defense Department appears poised to join other agencies in scrutinizing ties between U.S.-funded researchers and non-U.S. organizations.
Defense Contracting

January 2020

Pentagon Updating Cybersecurity Guidance

By Ryan Burnette , Susan Cassidy and Samantha L. Clark
In December, the Defense Department released a new draft of its Cybersecurity Maturity Model Certification, or CMMC, an important guide for contractors.
Defense Contracting

January 2020

New Rule Expands Counterfeit Reporting

By Susan Cassidy , Peter Terenzio and Michael Wagner
On Nov. 22, the Federal Acquisition Regulatory Council issued a final rule setting forth new provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government–Industry Data Exchange Program.
Defense Contracting

December 2019

New Justice Dept. ‘Strike Force’ on the Prowl

By Mike Fanelli , Frederic M. Levy , Phil Warren and Dan Shallman
On Nov. 5, the Department of Justice announced the launch of the Procurement Collusion Strike Force, or PCSF. Its creation marks a significant development in the government procurement enforcement landscape.
Contracting

October 2019

Contractors Face New Reporting Requirements

By Jeff Bozman , Susan Cassidy and Samantha L. Clark
Defense Contracting

September 2019

Lessons on Contractor Termination for Default

By Alex Sarria and Carl Wiersum
The U.S. Court of Federal Claims recently overturned an agency’s decision to terminate a government contractor for default. The case serves as an important reminder that, when reviewing such a termination, the court gives little credence to the government’s subjective beliefs regarding the contractor’s ability to perform.
Defense Contracting

July 2019

Changes in Treatment of Confidential Info

By Kevin T. Barnett , Peter Hutt II and Nooree Lee
In June, the Supreme Court significantly altered how government agencies will treat confidential commercial information protected from disclosure by Exemption 4 of the Freedom of Information Act (FOIA) — an issue that recurs repeatedly with respect to information submitted by contractors to government agencies.