Government Contracts

On August 22, 2024, the Department of Justice (DoJ) filed a lengthy complaint againstGeorgia Tech alleging that the university had misrepresented its compliance with several important cybersecurity regulations that outline what contractors must to do to protect government information residing on, passing through, or accessible by contractor systems. Ironically, the complaint focuses on allegedly...

Attention all DoD contractors, subcontractors, and suppliers! Last week, DoD issued its proposal to amend the Defense Federal Acquisition Supplement (DFARS) to incorporate solicitation and contractual requirements to implement CMMC 2.0, once finalized. As part of the notice and comment process, DoD seeks comments by October 15, 2024. Speak Now! What’s in the new...

If Congress cannot pass a new funding plan by October 1, 2023 (the start of the federal fiscal year), the Government will “shut down” financially at 12:01 A.M. and that shut-down will last until Congress signs a new funding bill into law. The question is—what do you do as a government contractor when faced...

Applications for the Small Business Administration (“SBA”)’s 8(a) program are currently on hold as the SBA develops its response to a decision from the U.S. District Court for the Eastern District of Tennessee (the “district court”) finding one element of the program unconstitutional.  The district court’s decision is somewhat old news, at least in...

“For scienter, it is enough if respondents believed that their claims were not accurate.” 1 - Justice Thomas On June 1, 2023, the Supreme Court issued its opinion on the ongoing False Claims Act (“FCA”) scienter issues (the “Opinion”) – i.e., does a company’s objective or subjective knowledge matter regarding whether its submissions to...

On May 1, 2023, the Biden Administration announced that it will be ending the COVID-19 vaccine requirements for “Federal employees, Federal Contractors, and international air travelers.” This will likely bring an end to a months-long period of litigation and confusion for Federal Contractors. In September 2021, President Biden had issued Executive Order 14042 which...