On March 12, 2024, the Department of Defense (DoD) published a final rule, revising the eligibility criteria for the voluntary DoD Defense Industrial Base (DIB) Cybersecurity (CS) Activities Program. The intent of the rule is to permit all defense contractors that own or operate unclassified information systems that process, store, or transmit covered defense
Contracts
OMB Approves Final CISA Secure Software Attestation Common Form, Triggering Clock for Collection
On March 11, 2024 the Cybersecurity Infrastructure Security Agency (CISA), released the much anticipated final version of its common Secure Software Development Attestation Form. Finalization of the form is a notable development for developers of software that is sold to the U.S. Government for two reasons. First, the form is expected to be used widely…
Software Developments: CISA Finalizes Attestation Form, Triggering Secure Software Development Implementation
On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) and the Office of Management and Budget (OMB) published an updated Secure Software Development Attestation Form, meaning that producers of software and providers of products containing software used by the federal government may be required to submit their attestations in the very near…
Nuziard v. Minority Business Development Agency: Another Blow To Federally Sponsored Affirmative Action Efforts
On March 5, 2024, a federal judge in Texas struck down a federally-sponsored racial preference extended to minority groups seeking to access capital and government contracts. Nuziard v. Minority Business Development Agency (“Nuziard”). Plaintiffs, who are non-minority business owners, challenged a preference provided by the Minority Business Development Agency (“MBDA”), a bureau of the Department of Commerce,…
The U.S. Supreme Court Cites MSCD
Crowell Talks Tax: The Inflation Reduction Act’s Domestic Content Bonus Credits (VIDEO)
Government Contracts and International Trade partner Addie Cliffe and Government Contracts counsel Liam O’Reilly discuss the Inflation Reduction Act’s Domestic Content Bonus Credits.Click to read more | Watch now on our YouTube channel
Pay to Play Updates – March 2024
Federal Highway Administration Announces Proposed Rule Ending Longstanding Buy America Waiver for Manufactured Products
On March 7, 2024, the Department of Transportation’s (“DOT”) Federal Highway Administration (“FHWA”) announced a proposed rule to rescind a longstanding general waiver of Buy America requirements for manufactured products (the “Manufactured Products Waiver”). If finalized, this would be a major change for the agency, reversing a policy that has been in place for more…
The Top FCA Developments of 2023
2023 brought many important False Claims Act developments for companies with business involving government funds. While overall recoveries remained down compared to pre-2022 levels, the total number of settlements and judgments exceeded any prior year. Those settlements and judgments also highlight areas of particular focus for the Government, including cybersecurity compliance, pandemic fraud, and small…
February 2024 Bid Protest Sustain of the Month
In February 2024, GAO continued its streak of taking a hard look at procurements conducted under Federal Acquisition Regulation (FAR) subpart 8.4. Subpart 8.4 allows the government to use “simplified” ordering procedures to obtain commercial supplies and services. However, some agencies have apparently adopted the position that “anything goes” in these simplified procurements. Not so! …