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HTML“They’re Here” - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule ... and its NASA “Spinoff”
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 20, 2014
If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is sure to keep many supply chain managers up at night....

 

HTMLThe Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising, especially given the recent high-profile data breaches, the litigation threats surrounding those...

 

HTMLRobert Frost and Cybersecurity - Two Roads Diverging
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 27, 2013, previously published on September 24, 2013
Like Frost’s nameless traveler in “The Road Not Taken,” our Government finds itself confronted with two diverging roads in the cybersecurity realm. The first offers moderation, deliberation, and evolution. The second, speed. Frost expressed regret that he could travel but one...

 

HTMLNew Laws and Firewalls - Summer 2013 Cyber Security Round-Up
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2013, previously published on July 22, 2013
Over the first half of the year there has been a lot of activity surrounding government efforts to confront growing concern over “Cybersecurity.” This flurry of activity comes in the wake of two years during which lawmakers have been unable to define legislatively what, exactly,...

 

HTMLFisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2012, previously published on February 13, 2012
In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of their employment and were, therefore, outside the scope of the protections...

 

HTMLPenalties for Expressly Unallowable Costs - The ASBCA Reconsiders and Ups the Ante for Contractors
John W. Chierichella, Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 14, 2012, previously published on February 13, 2012
Under FAR 42.709-1, penalties for expressly unallowable costs are to be waived when the expressly “unallowable costs under this proposal” are less than $10,000. Although there are other bases for the waiver of the penalties, those other bases are discretionary. The $10,000 exclusion is...

 

HTMLMAS March Madness: Increased Competition In Multiple Award Schedule Orders
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 26, 2011, previously published on April 18, 2011
On March 16, 2011, the FAR Councils, heeding Congress’ mandate in Section 863 of the 2009 Defense Authorization Act, published an interim rule intending to ramp up competition for orders placed under GSA Federal Supply Schedule (“FSS”) contracts and FSS Blanket Purchase Agreements...

 

HTMLA Brief Look At United Nations Procurement: Going International... Sort Of
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 20, 2010, previously published on December 17, 2010
In an era of shrinking procurement budgets, federal contractors are increasingly seeking new opportunities abroad. But many companies understandably view navigation of the numerous rules, regulations and laws associated with international procurement as daunting at best and unfeasible at worst....

 

HTMLCan DoD Be "The Biggest Loser"? Gates Unveils DoD's New Fiscal Diet Plan
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 12, 2010, previously published on October 7, 2010
After a decade of increasing appetite for defense dollars, the Pentagon appears to have stepped on a scale and decided to make some changes. Following-on from the Department of Defense’s June 2010 announcement regarding changing its procurement business models, Defense Secretary Robert Gates...

 

HTMLRedefining Cost or Pricing Data
Alexander W. Major; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 12, 2010, previously published on October 7, 2010
Effective October 1, 2010, the final rule amending FAR subpart 15.4 expands government contracting officers’ ability to obtain cost or price-related data for all contracts, including currently exempted commercial-items contracts. The amended rule is intended to clarify the FAR’s...