The Department of Homeland Security (DHS) recently released a final rule (Final Rule), effective July 21, 2023, updating the Homeland Security Acquisition Regulation (HSAR) to include cybersecurity provisions aimed at safeguarding Controlled Unclassified Information (CUI) and facilitating improved incident reporting. This rule’s promulgation follows a recent trend and overall government-wide effort focused on strengthening our national security against bad actors and foreign adversaries. PilieroMazza recently blogged about some of those efforts, including the TikTok ban ( here ), new standardized cybersecurity obligations mirroring . . . Read More
In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO). Thereafter, two of the original protestors, Kupono Government Services, LLC and Akima Systems Engineering, LLC, filed protests challenging the scope of DOE’s corrective action. In Kupono Gov’t Servs., LLC; Akima Sys. Eng’g, LLC, B-421392.9 (June 5, 2023) , GAO sustained the protests, finding that DOE neither appropriately explained nor described its reasoning for the corrective action. In this blog, PilieroMazza reviews the facts of the case and offers . . . Read More
The federal government recently issued an interim rule , effective immediately, prohibiting the presence or use of the TikTok application in the performance of a contract. This rule continues the government’s actions against TikTok based on privacy and cybersecurity concerns raised by the links between the application’s parent company and the Chinese government. More specifically, the clause implements the No TikTok on Government Devices Act, which was enacted last December as part of the Consolidated Appropriations Act. Federal government contractors should be . . . Read More
The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM registration status could disqualify them from potential award. The Case Before the Court COFC recently granted a preliminary injunction in Myriddian, LLC v. U.S. , No. 23-443 (Fed. Cl. May 23, 2023) staying performance of a contract solicited by the Department of Health and Human Services (HHS) to provide methodologies . . . Read More
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For years, the federal contracting community has closely monitored the oft-delayed Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program—now on iteration 2.0—as the forefront of cybersecurity obligations. That focus may soon be expanding. Contractors outside of DOD’s orbit may soon be subject to similar requirements. Civilian agency contractors should start preparing now for an enhanced cybersecurity proposed rule to prevent gaps or issues when the regulation goes into effect—not to mention it just being good business to have . . . Read More
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC , B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose flaws that were present in the protestor’s initial proposal, but which were not identified by the agency until it re-evaluated the proposal during corrective action. Below, PilieroMazza reviews this case and highlights key actions an agency is required to take to give government contractors similar opportunities to revise their proposals. The . . . Read More
