December, 2023

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New Rule Seeks to Streamline DoD Commercial Product and Service Procurements

GovCon & Trade

On November 17, the Department of Defense (DoD) issued a final rule , implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are inapplicable to DoD commercial item procurements, including acquisitions of commercial off-the-shelf items and commercial services.

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Tick-tock, the Court Starts the Clock: Deconflicting the FCA and Rule 4(m) of the FRCP

Inside Government Contracts

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 if the plaintiff fails to serve the defendant with a complaint and summons within 90 days of filing.

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Reading FedEx Ground the RICO Act

Art of Procurement

The Racketeer Influenced and Corrupt Organizations Act, better known as RICO, is usually associated with organized crime. In 1992, it. The post Reading FedEx Ground the RICO Act appeared first on Art of Procurement.

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UN’s first ever resolution on public procurement: what makes it strong and what’s still missing

Open Contracting Partnership

At 2 am on Saturday morning, the day after the 10th Conference of the States Parties to the UN Convention against Corruption (UNCAC) was meant to end in Atlanta, exhausted negotiators finally adopted a resolution on “ Promoting transparency and integrity in public procurement in support of the 2030 Agenda for Sustainable Development ”. We should pay credit to the remarkable tenacity and leadership from the French government who proposed the resolution and who pushed for the most ambitious and i

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How to Create a Blueprint for Fleet Resilience

Speaker: Jeff Dickinson - President and CEO of Railgistixs Transport, Supply Chain and Logistics Thought Leader

Despite the ongoing transformation of the supply chain and logistics landscape, the steadfast importance of carrier safety remains a core principle. From prioritizing preventative maintenance to optimizing fleet utilization, the fundamentals persist. If you’re overlooking and neglecting essential safety precautions today, this could result in expensive repairs and potential safety hazards in the future. 🚧 Join Jeff Dickinson for a conversation on how to mitigate risk, enforce compliance,

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European Court of Auditors publishes report on public procurement

Telles.eu

The European Court of Auditors published yesterday its report on EU public procurement between 2011 and 2021 , looking into the competition for public contracts covered by EU rules. Frankly, it makes for grim reading: “Overall, we conclude that the level of competition for public contracts to deliver works, goods and services, decreased over the past 10 years in the EU single market. (…) Our analysis of the data available indicates a significant increase in single bidding overall, a high level o

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Top highlights from AWS worldwide public sector partners at re:Invent 2023

AWS Public Sector

Jeff Kratz, right, and Thomas Siebel, center, listen as Jason Bonci talks during their fireside chat at the AWS Partner Keynote at re:Invent 2023. This week, the city of Las Vegas served as a vibrant hub of energy and creativity during the Amazon Web Services (AWS) re:Invent 2023 conference. This is my 11th year participating in re:Invent and I continue to be awestruck by the innovative ideas and value that AWS Partners bring to our customers.

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CISA seeking comments on its ‘secure by design’ guidance

FedScoop

The Cybersecurity and Infrastructure Security Agency is looking for feedback on its “secure by design” white paper, which pushes software manufacturers to follow more stringent security principles in the design and development of all products shipped to customers. CISA initially published its white paper — “ Shifting the Balance of Cybersecurity Risk: Principles and Approaches for Secure by Design Software ” — in April but released updated joint guidance with 17 domestic and foreign partners in

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Budgeting Priorities for Federal Deployment of Zero Trust (E130)

FedInsider

Agencies have matured in their understanding of zero trust. No longer trying to define what it is, focus is now on the affordability within already challenged budgets. In the latest episode of Fed’s At the Edge, we sit down with Brian Dennis, Principal Technologist of the Public Sector for Akamai Technologies. An expert in the deployment of zero trust, Brian will give listeners an overview of the most economical ways agencies can move forward with this crucial cybersecurity strategy.

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Revolutionizing public procurement in Uganda: the power of citizen contract monitoring

Open Contracting Partnership

Challenge: Uganda’s public procurement authorities lack adequate resources and manpower to monitor many major contractors across the country’s more than 100 districts, leading to abandoned projects, missing deliverables and time and cost overruns. Open contracting approach : Uganda’s Public Procurement and Disposal of Public Assets Authority (PPDA) worked collaboratively with civil society and a development partner, the German Development Agency GIZ to build a digital contract monitoring s

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BARDA Announces New Solicitation Opportunities for 2024

Inside Government Contracts

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 approvals of their products, and launched Project NextGen, a $5 billion program it leads alongside the National Institute of Allergy and In

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Biden Signs $886B FY24 NDAA Into Law

GovCon Wire

President Joe Biden on Friday signed into law the National Defense Authorization Act that seeks to authorize $886 billion in military spending for fiscal year 2024, Reuters reported. The Senate voted 87-13 to pass the FY 2024 NDAA, which cleared the House in a 310-118 vote.

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FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine

GovCon & Trade

On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation into violations of the Foreign Corrupt Practices Act (FCPA). In addition to the DPA, Freepoint agreed to pay over $98 million in penalties.

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DoD outlines four-phase approach to implement CMMC in proposed rule

Federal News Network

The Defense Department’s long-awaited proposed rule for the Cybersecurity Maturity Model Certification program lays out DoD’s plan to introduce the CMMC requirements over the next three years. The proposed rule, released today and scheduled to be published in the Federal Register on Dec. 26, would establish requirements “for a comprehensive and scalable assessment mechanism” to ensure defense contractors are implementing required security protections.

Contract 124
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Budgeting Ideas to Reach a Zero Trust Future

FedInsider

Wednesday, January 10, 2024 | 2:00PM EST | 90 Minutes | Training Certificate Ransomware, malware, phishing, DDoS, social engineering, zero-day exploit, botnets – the list of types of attacks out there is long enough to keep even the most seasoned cybersecurity expert awake at night. And with the increased use of remote computing, the cyber attack surface grows as more edge devices are added to networks.

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Slide deck for last week's workshop on sustainability and public procurement

Telles.eu

As promised, you can find the (edited) slide deck for my workshop on sustainability in public procurement here. They have been edited to make a bit more sense by themselves and a I also took out a couple of slides pertaining to a work-in-progress from colleagues at CBS. It went well despite me not having enough time to cover all that I wanted, but that is fine since the audience was very mixed and I felt the need to give a grounding on what public procurement rules are and how they work in broad

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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

Inside Government Contracts

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 requirements to new industries: clean energy projects seeking to take advantage of federal tax credits under the Inflation Reductio

IT 130
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JMA’s Rishi Bhaskar on Modernizing Government Communication Systems With Software-Based 5G Networks

GovCon Wire

Rishi Bhaskar, senior vice president and general manager at JMA Wireless, said government agencies looking to modernize their communication systems and meet evolving demands should consider implementing software-based 5G networks. “A 5G software solution provides the flexibility to add network features in response to real-time application and use case requirements.

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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

By: Richard Arnholt On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias. The GAO decision provides an in-depth look at the high evidentiary bar associated with proving governmental bias in bid protests and the need to have definitive evidence before making such a claim.

Bidding 147
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With a lot to chase in 2024, fewer federal contractors are chasing an increasing number of federal dollars

Federal News Network

For the big federal contracts on the horizon in 2024, not a whole lot is changing when it comes to what the government plans to buy. But there are still a lot of opportunities for contractors, as agencies re-compete some of their biggest buying vehicles. Those are some of the takeaways from Deltek’s annual list of top contracting opportunities. Ashley Sanderson is a senior research manager at Deltek.

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After an Attack: Cyber Recovery Best Practices for State & Local Agencies

FedInsider

Thursday, January 11, 2024 | 2:00PM EST | 1 Hour | Training Certificate Recent headlines have been full of stories about state and local governments and school systems being targeted by malicious actors. And these organizations are likely to face tight budgets and limited manpower to deal with a cyber threat. For many agencies, the reality is it’s a matter of when – not if – they will be attacked.

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FDA cybersecurity agreement on medical devices needs updating, watchdog finds

FedScoop

Medical devices like heart monitors, which are under the purview of the Food and Drug Administration, have cybersecurity vulnerabilities that aren’t frequently exploited but nevertheless pose risks to hospital networks and patients, according to a recent watchdog report. The Government Accountability Office highlighted that the FDA’s medical device cybersecurity formal agreement is five years old and needs to be updated with the help of the Cybersecurity and Infrastructure Security

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Department of Energy Office of Inspector General Management Challenges Report: Key Findings and Insights

Inside Government Contracts

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 most recently by an OIG Special Report (“Report”) detailing what the OIG characterized as “Management Challenges” at DOE.

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Report: ULA Gets Buyout Bids From Blue Origin, Cerberus

GovCon Wire

Jeff Bezos-owned space company Blue Origin and private equity firm Cerberus have made bids for United Launch Alliance, a joint venture of Boeing (NYSE: BA) and Lockheed Martin (NYSE: LMT), The Wall Street Journal reported Thursday.

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Foreign Corrupt Practices Act Update: Considerations Around Voluntary Disclosures

GovCon & Trade

In September 2022, Deputy Attorney General Lisa Monaco outlined the Department of Justice (DOJ) approach to enforcing corporate misconduct and directed agencies to review existing voluntary self-disclosure policies or, if none exist, draft new ones. Two recently announced Foreign Corrupt Practices Act (FCPA) settlements involving reinsurance companies demonstrate what happens when the rubber hits the road.

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DARPA kicks off its 10-year plan to create a ‘thriving lunar economy’

Federal News Network

A senior leader at the Genderal Services Administration is returning to the private sector. Sonny Hashmi, commissioner of the Federal Acquisition Service at GSA, is leaving after three years. Hashmi’s last day will be December 29. FAS Deputy Commissioner Tom Howder will serve as acting commissioner until a new one is named. Hashmi will be heading back to the private sector, but it is unclear where he will land.

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2024 Federal Tech Trends: Zero Trust, Customer Experience Top the List

FedTech Magazine

Many federal IT priorities have been set by executive order; among them, the move toward zero-trust security and the effort to improve citizens’ digital experience with government. These orders are guiding the technology trends expected for 2024, as agencies work to meet zero-trust deadlines and look forward to metrics by which they’ll be able to measure their progress toward the customer experience goals of the 21st Century Integrated Digital Experience Act (21st Century IDEA).

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DHS seeks information for CISA analytics and machine learning project

FedScoop

The Department of Homeland Security is seeking cloud-related information to support an analytics and machine learning research and development project that’s in the works for the Cybersecurity and Infrastructure Security Agency. The Advanced Analytics Platform for Machine Learning (CAP-M) project, which is being developed by DHS’s Science and Technology Directorate for CISA, is “envisioned to be a multicloud, multi-tenant environment for testing new software and tools, and developing complex mac

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Zero Trust is Needed to Win the Cyber War

FedInsider

Tuesday, January 23, 2024 | 2:00PM EST | 1 Hour | 1 CPE Zero trust revolutionizes network security architecture because it is data-centric and designed to stop data breaches. While that is its primary purpose for government, it also increases agility for modern networks that traditional network designs can’t emulate. It has been almost two years since the Office of Management and Budget issued its federal zero trust architecture strategy, which set out specific goals for agencies to achieve by t

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Rob Silverman Shares Insights Into Booz Allen’s Recent Acquisitions and Going-Forward Strategy

GovCon Wire

Mergers and acquisitions across the government contracting landscape are back on the upswing after a relatively slow year for deals. In an Executive Spotlight interview with Executive Mosaic, Booz Allen Hamilton Executive Vice President Rob Silverman gave us a glimpse into the company’s recent acquisitions and shared insights for M&A moving forward.

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International Trade Enforcement Roundup – November 2023 Update

GovCon & Trade

You are reading the November 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog. If you have questions about any actions addressed in the Roundup, please contact the international trade team.

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Hitachi Vantara Federal’s Pragyansmita Nayak on AI’s Potential to Achieve Mission Objectives

ExecutiveBiz

Pragyansmita Nayak , chief data scientist at Hitachi Vantara 's federal subsidiary , has outlined strategic steps to integrate artificial intelligence tools into government systems to optimize operations, enhance security and achieve mission objectives. Federal agencies must first establish a data management strategy, focusing on data provenance and lineage, to ensure data quality and prevent the infiltration of "poisoned" data that threat actors may exploit to disrupt AI systems, N

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Defense Agencies Turn to Platform Engineering to Accelerate DevSecOps

FedTech Magazine

To deliver cutting-edge capabilities, the military needs to bring new applications to warfighters quickly and effectively. To that end, Department of Defense branches have leaned heavily into DevSecOps, a practice that encourages collaboration among development, security and operations organizations to speed software production. But the talents needed to inform the DevSecOps pipeline aren’t always readily available.

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VOA faces internal backlash over newsroom guidance on use of generative AI to voice news reports

FedScoop

Dozens of journalists and staff at Voice of America are strongly opposed to the state-owned news organization’s plan to use AI-generated synthetic voices, documents obtained by FedScoop show, with employees expressing concerns that the tool could breed mistrust with its audience, cause misinformation to spread and potentially eliminate jobs within the newsroom.

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Swindon Borough Council makes vital public information more accessible using Amazon Bedrock

AWS Public Sector

Emerging technologies such as generative artificial intelligence (AI ) streamline business processes and allow providers of public services to connect with citizens in new and intuitive ways. For example, local councils can draw on cloud-based AI tools to make content more understandable. This is something we’re focused on at Swindon Borough Council , a local authority in England.

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State Department OKs Request for $1B Contract Extension to Train Saudi Arabian Air Force

GovCon Wire

The Defense Security Cooperation Agency has notified Congress of a proposed $1 billion military training contract extension with the government of Saudi Arabia. The move was announced Friday following the State Department’s approval of the foreign military sale, which will require deploying 339 U.S.

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Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

GovCon & Trade

On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. The decision offers important lessons that contractors should keep in mind when evaluating solicitations; submitting proposals; and evaluating whether and when to file a bid protest.

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