The Civilian Board of Contract Appeals has published its annual report for FY 2023, providing data regarding the number of appeals and contractor success rates at the Board. The data illustrated a number of noteworthy points — and a few welcome trends — for the contracting community.
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Key Supply Chain Provisions of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2024
This post continues our ongoing coverage of the FY 2024 NDAA.
The FY 2024 NDAA includes numerous supply chain and stockpile management provisions aimed at addressing a host of perceived vulnerabilities and weaknesses in Department of Defense (“DoD”) supply chain networks used to secure goods and services for our national defense. Of particular note, this…
Implications of the Unidentified Anomalous Phenomena (UAP) Amendment in the 2024 National Defense Authorization Act (NDAA)
On December 22, 2023, President Biden signed into law the 2024 National Defense Authorization Act (“FY 2024 NDAA”). Sections 1841 through 1843 of the new law address Unidentified Anomalous Phenomena (“UAP”).
The version of the FY 2024 NDAA enacted in the Senate in July of this year incorporated the Unidentified Anomalous Phenomena Disclosure Act of…
Tick-tock, the Court Starts the Clock: Deconflicting the FCA and Rule 4(m) of the FRCP
In keeping with the trend of increased attention on the False Claims Act’s (“FCA”) qui tam provisions, the Second Circuit recently weighed in on a seeming conflict between the statute and the relator’s obligations under the Federal Rules of Civil Procedure (“FCRP”). Under Rule 4(m) of the FRCP, the court generally must dismiss a complaint…
Proposed FAR Rule: “Standardizing Cybersecurity Requirements for Unclassified Federal Information Systems”
On October 3, 2023, the Federal Acquisition Regulation (FAR) Council released two new proposed cybersecurity rules. The first of the two, covered in a separate blog, is titled “Cyber Threat and Incident Reporting and Information Sharing,” and adds new requirements to the cybersecurity incident reporting obligations of federal contractors. The second rule, titled “Standardizing…
BARDA Announces New Solicitation Opportunities for 2024
Since its creation in 2006, the Biomedical Advanced Research and Development Authority has funded the development of medical countermeasures for pandemic influenza, anthrax, smallpox, Ebola virus disease, Zika virus, and, of course, COVID-19. In just the last year, BARDA has made more than 35 new awards to partners, assisted its partners in achieving 20 FDA…
November 2023 Developments Under President Biden’s Cybersecurity andArtificial Intelligence Executive Orders and National Cybersecurity Strategy
This is the thirty first in 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 actions taken by various government agencies to…
Department of Energy Office of Inspector General Management Challenges Report: Key Findings and Insights
Through the Infrastructure Investment and Jobs Act (“IIJA”) and the Inflation Reduction Act, the Department of Energy (“DOE”) has awarded billions of dollars to a series of new infrastructure and clean energy programs. The scope and size of these programs have, in turn, attracted scrutiny from the DOE’s Office of Inspector General (“OIG”), as evidenced…
Whose Site Is It Anyway: Trade Groups Challenge DOL’s Prevailing Wage Calculation and Expanded Definition of the Site of Work Under the Davis-Bacon Act
The requirement to pay “prevailing wages” to covered workers is a perennial aspect of many types of government contracting, including construction contracts subject to the Davis-Bacon Act (“DBA”) and certain related laws (collectively referred to as the Davis-Bacon and Related Acts or “DBRA”). In recent years, Congress has also expanded the reach of prevailing wage…
October 2023 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is the thirtieth in 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…