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Articles

2018 Claim and Protest Statistics

Chances to Win a Claim or Protest The first question most clients ask when we are discussing whether it makes sense to file a claim or bid protest is: “What are my chances of winning?” No one wants to file a claim or bid protest unless there is a reasonable chance of winning something out of...
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CPARS Ratings and the Impact on Government Contractors

The Contractor Performance Assessment Reporting System (CPARS) A contractor’s past performance is a required assessment factor in source selection evaluations for all contracts that exceed the simplified acquisition threshold. The CPARS is designated as the federal government-wide system for collection of government contractor information. The CPARS helps track contractor performance,...
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DoD Sets Big Goals for Artificial Intelligence

Establishment of the JAIC The Department of Defense issued a memorandum on June 27, 2018 establishing the Joint Artificial Intelligence Center (JAIC) to oversee nearly all Artificial Intelligence (AI) development across a broad range of government agencies. According to the memorandum, DoD will establish the JAIC with the intent to...
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OCI Mitigation

The Hot Topic Organizational Conflicts of Interest (OCI) has been a hot legal topic in government contracts for a number of years. The basic rules are in FAR Subpart 9.5. OCI rules are intended to prevent unfair competitive advantage. Unmitigated OCI can make a contractor ineligible for contract award. There...
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Cybersecurity Requirements Under Government Contracts

Cybersecurity—A Growing Challenge The rise of cyber attacks and security compromises dramatically illustrate the vulnerability of unclassified, but sensitive, data. As holders of some of the government’s most sensitive data, contractors face increasing obligations for protecting against cyber attacks. Regulatory overview. The most comprehensive cyber protections currently apply to DoD...
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Improved Auditing of Contracts

2016 National Defense Authorization Act 2016 NDAA. On November 25, 2015, President Obama signed the National Defense Authorization Act (NDAA) for FY 2016. The Act authorizes $515 billion in spending for national defense and an additional $89.2 billion for Overseas Contingency Operations, for a total of $604.2 billion for FY...
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Termination for Convenience

Commercial Items Contracts What are commercial items? “Commercial items” are items that are sold to the general public or that can be easily modified to meet federal requirements. Services can also be commercial items if they are commercially offered using catalog pricing. What is a commercial item contract, and why...
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Contract Compliance

DOJ Settles False Claim Act Allegations for Overbilling on Service Contract Federal contractors with service contracts must strictly adhere to the required contract qualifications for each labor category included in their contract staffing plan, total compensation plan or other contract requirement. Contractors typically define their labor categories and required qualifications...
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M&A in Government Contracts

Purchasing a government contractor presents unique issues that must be fully explored and understood during the merger and acquisition (M&A) due diligence process. Government contractors operate in a highly regulated environment, and as a result are faced with additional requirements and risks beyond the normal business and legal risks encountered...
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