DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers
McCarter English | Government Contracts Law
by Hugh Murray and Tiffany Hubbard
1w ago
Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025. The Order will have an immediate impact on federal contractors and subcontractors currently subject to the affirmative action obligations concerning women and minorities under now-revoked ..read more
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They Did It. They Really Did It! The Arrival of the FAR CUI Proposed Rule
McCarter English | Government Contracts Law
by Alex Major
2w ago
After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the Proposed Rule). Published in the Federal Register on January 15, 2025 (90 FR 4278), the Proposed Rule (stemming from FAR Case 2017-016) has been ..read more
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What Happens When Uncle Sam Doesn’t Understand SAM? The Case of the Lucky Protester . . .
McCarter English | Government Contracts Law
by Franklin Turner
2w ago
On January 8, 2025, in UNICA-BPA JV, LLC, the U.S. Government Accountability Office (GAO) sustained a protester’s challenge to its elimination from the competition for failing to have an active System for Award Management (SAM) registration at the time of its initial proposal submission. The GAO sustained the protest because the protester’s registration was in ..read more
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Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025
McCarter English | Government Contracts Law
by Robin Crauthers
3w ago
The US Department of Justice Antitrust Division (DOJ or Division) recently released a revised Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Guidance). The Guidance reflects how the Division assesses the effectiveness and adequateness of a company’s antitrust compliance program. The Guidance offers insight into the Division’s evaluations of antitrust compliance programs at the ..read more
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Feature Comment: The CUI Program: DOD, We Have A Problem (Part II)
McCarter English | Government Contracts Law
by Alex Major and Philip Lee
1M ago
In Part I of this series we introduced readers to what Controlled Unclassified Information (CUI) is understood to consist of under the CUI Program at 32 CFR pt. 2002, differentiating and safeguarding CUI, CUI Program Authority and Control, and CUI policy as promulgated under the U.S. Department of Defense CUI Program. (See 66 GC ..read more
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Feature Comment: The CUI Program: DOD, We Have a Problem
McCarter English | Government Contracts Law
by Alex Major and Philip Lee
2M ago
The U.S. Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) Program will become operational at some point in fiscal year 2025. In October, the DOD issued a Final Rule to address evolving cybersecurity requirements and cyber threats while defining the security controls that DOD intends defense contractors and subcontractors to implement. The program will require ..read more
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Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, and Tribes
McCarter English | Government Contracts Law
by Alex Major, Franklin Turner, Philip Lee and Marcos Gonzalez
3M ago
Alex Major, Franklin Turner, Philip Lee, and Marcos Gonzalez co-authored the article “Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, And Tribes” for Briefing Papers. The article provides an overview of the Small Business Administration’s 8(a) Business Development Program, which provides socially and economically disadvantaged small business owners ..read more
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OMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions
McCarter English | Government Contracts Law
by Alex Major and Philip Lee
3M ago
Contractors interested in offering federal agencies artificial intelligence (AI) can now glean insight into how agencies are expected to conduct AI acquisitions. On September 24, 2024, the Office of Management and Budget (OMB) issued Memorandum M-24-18, Advancing the Responsible Acquisition of Artificial Intelligence in Government (the Memorandum), providing guidance and directing agencies “to improve their ..read more
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Wisconsin Bell: Testing the Elasticity of False Claims Act’s Scope
McCarter English | Government Contracts Law
by Matt Wright
3M ago
Just how broad is the scope of the False Claims Act (FCA)? That is the basic question posed in Wisconsin Bell, Inc. v. U.S. ex rel. Heath, No. 23-1127. Put more directly, the case addresses whether reimbursement requests under the Schools and Libraries Universal Service Support program—better known as the E-Rate program—are actionable “claims” exposed to ..read more
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A Standard on Many Levels: A Look at CMMC 2.0 in Final
McCarter English | Government Contracts Law
by Alex Major and Philip Lee
3M ago
Over the course of the past few years, gallons of ink have been spilled addressing the seemingly ever-pending US Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) Program. After keeping us waiting for years, it finally arrived when, on October 15, 2024, DoD published its Final Rule to establish the CMMC Program. See 89 ..read more
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