On July 15, 2019, President Trump signed his third Executive Order on the topic of buying American, “Executive Order on Maximizing Use of American-Made Goods, Products, and Materials.” This latest Executive Order seeks to sharpen the teeth of the Buy American Act’s rules on buying preferences to be afforded goods, products and materials that qualify
U.S. District Court Denies Motion To Dismiss and Considers Cybersecurity Compliance Under The Civil False Claims Act
Cybersecurity issues are not going away anytime soon and the risk of noncompliance for contractors is ratcheting up. In a recent ruling in a Civil False Claims Act (FCA) Qui Tam case, Judge Shubb of the Eastern District of California determined that the whistleblower’s allegations – – that a company’s statements regarding the status of
DOD Increasing Oversight of Contractor Cybersecurity and Cyber Supply Chain Risk Management
On January 21 and February 5, 2019, the Under Secretary of Defense for Acquisition and Sustainment, Ellen Lord, issued two memoranda outlining steps that the Department of Defense (DOD) is taking to increase the scrutiny and consideration of a government contractor’s implementation of DOD cybersecurity requirements. These memoranda make clear that the DOD is
The Government May Not Be Shut Down Now, But Contractors Mind Your Funding!
Over the past few months, the threat of a partial government shutdown became real. The initial shutdown broke the record for the longest shutdown in U.S. history – it lasted 35 days. It was resolved by continuing resolution, but the threat returned when the resolution was approaching its end. The threat for this fiscal year
“Whoops, We Didn’t Mean for It to Say That”
We often hear that contractors are not entitled to a “second bite from the apple.” As the recent General Accountability Office (“GAO”) decision in Navarre Corporation, B-414962.6; B-414962.7 (October 22, 2018), makes, clear, however, the same cannot be said about procuring agencies. In that bid protest, the GAO once again reinforced the flexibility of