News & Insights

Government Contracts Brief – Week Of January 20, 2020

Subcontractors Suing the Government Subcontractors generally may not protest or sue the government on a government contract due to lack of privity. However, it’s possible to make a third-party beneficiary argument in federal procurements provided the contract demonstrates an express or implied intent to directly benefit the subcontractor, either specifically or as part of a [..]

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Government Contracts Article – Week of January 20, 2020

Case Summary: COFC Protests Concerning Issuance of Task Order Modifications May Create a Jurisdictional Bar Under FASA The Case: Akira Technologies, Inc. v. United States, COFC No. 19-1160C (Fed. Cl. Oct. 10, 2019). Background: The U.S. Centers for Medicare & Medicaid Services (“CMS”) issued an IDIQ contract and awarded task orders to Akira and another vendor. [..]

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Government Contracts Report – Week Of January 20, 2020

Cyber Essentials Guide The Cybersecurity Infrastructure Security Agency has released a Cyber Essentials guide of best practices to help small businesses with cybersecurity readiness. All DoD contractors, including small businesses, will be impacted by new cybersecurity rules in 2020. Civilian agencies are likely to follow suit. Consent to Contract No Longer Required The FAR Council [..]

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Cybersecurity Maturity Model Certification

The Department of Defense has been working with stakeholders on the development of the Cybersecurity Maturity Model Certification (CMMC). The purpose of the CMMC is to enhance protection of controlled unclassified information within the DoD supply chain. The CMMC is the result of DoD’s ongoing effort to press contractors to increase cybersecurity measures. It builds [..]

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Gov Con Report – DISA’s FY 2020 IT Projects

Nextgov published a great article last month, highly relevant for tech companies, regarding DISA’s planned IT projects for FY 2020. Read the article here: http://ow.ly/d4vp50xqHrf   Our government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally. 

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Gov Con Brief – NMR Applicable to 8(a) Contracts

Pursuant to a recent DFARS amendment, the non-manufacturer rule is now applicable to 8(a) contracts of any dollar value.   Our government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally. 

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Gov Con Report – Protests Down; Effective Rate Steady

GAO recently released its protest statistics for FY 2019. The results: the number of protests filed and the sustain rate are down from FY 2018, but the effectiveness state remained the same at 44%. The effectiveness rate is an important indicator because it is based on a protestor obtaining some kind of relief (corrective action or [..]

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Gov Con Brief – Misrepresenting Size Status Penalties

When a government contract is reserved, set aside, or otherwise classified as intended for award to a small business, severe penalties ensue if an awardee is not a small business concern and willfully sought and received the award by misrepresenting its size status. Penalties include suspension or debarment, civil damages under the FCA and other [..]

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Gov Con Report – Construction Technical Assistance Guide

The OFCCP has also recently released a technical assistance guide for construction companies doing business with the government and launched an industry specific website with additional resources.   Our government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally. 

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Gov Con Brief – Records Availability For Audit

Absent an exception, contractors must make records available for audit for three years after final payment under a contract. FAR 52.215-2(f)   Our government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally. 

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