On October 11, 2024, the U.S. Department of Defense (“DoD”) released an unpublished version of the Cybersecurity Maturity Model Certification (“CMMC”) Program Rule. The final rule will be published in the Federal Register on October 15, 2024 and will become effective sixty days after publication. This rule formally establishes the CMMC Program for DoD and
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September 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related Office of Management and
Bigger Pay Days Are Coming for Some Federal Contract Workers in 2025
The U.S. Department of Labor (“DOL”) recently announced its annual update to the hourly minimum wage for federal contract workers. Beginning January 1, 2025, the minimum wage for employees performing work on or in connection with covered contracts will increase from $17.20 to $17.75 per hour. The increase applies to tipped and non-tipped employees, as
Percipient.ai, Inc. v. U.S.: Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and Standing
As previously discussed on this blog, the Federal Circuit issued a major decision in June 2024 addressing bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”): Percipient.ai, Inc. v. United States.
On September 5, 2024, the United States filed a petition for rehearing of that case — requesting that the
Every Quarter, On the Quarter: BIS Proposes New Reporting Requirements for the Development of Advanced Artificial Intelligence Models and Possession of Large-Scale Computing Clusters
A key component of President Biden’s October 2023 Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence is a directive to develop a mandatory industrial base survey for the development of advanced artificial intelligence (“AI”) models and computing clusters. Leveraging authority under the Defense Production Act, President Biden charged the Department
Trade Agreements Act Certifications Undergo New Scrutiny
GAO’s recent protest decision in HPI Federal, LLC, B-422583, Aug. 9, 2024, 2024 WL 3823852, highlights the importance of making clear and precise Trade Agreements Act (TAA) compliance certifications when offering products for sale to the U.S. Government.
- On the one hand, GAO found that it was unreasonable for an agency to accept
August 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related OMB guidance, and subsequent
DoD Rolls Out Proposed Changes to Prototype OTA Regulations
On September 4, DoD published a proposed rule updating the other transaction (OT) regulations set forth in 32 CFR part 3. These updates are intended to implement various changes to the prototype OT statute (42 U.S.C § 4022) previously enacted by Congress. Among other things, those changes included:
- An expansion of the “appropriate circumstances” under
August 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement
New Guides Released Relating to Secure Software Development Requirements
The Cybersecurity and Infrastructure Security Agency (“CISA”) released a new guide on August 2, 2024 titled, “Software Acquisition Guide for Government Enterprise Consumers: Software Assurance in the Cyber-Supply Chain Risk Management (C-SCRM) Lifecycle” (the “Software Acquisition Guide”). This guide addresses the cybersecurity risks associated with the acquisition and use of third-party developed software and certain