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Government Contracts Legislative and Regulatory Update — January 2017

 

 

 

 

 

 

Our January edition of “Government Contracts Legislative and Regulatory Update,” offers a summary of the relevant changes that took place during the month of December. Highlights this month include:

  • President Obama signed into law legislation which extends and cements whistleblower protection for certain contractor employees
  • FAR Council issues final rule amending the FAR in response to injunction of certain Fair Pay and Safe Workplaces rules
  • DoD issues class deviation regarding controversial IR&D costs rule
  • FAR Council issues final rule mandating privacy training for contractor employees privy to PII

This update will also be available in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

To read the newsletter, please click here

Government Contracts Legislative and Regulatory Update — January 2017

2017 Financial Forum Series

new-tax-picture

Dentons’ Government Contracts practice and the Public Contracting Institute (PCI) present a monthly webinar series offering practical advice and CLE credit. Each session will take an in-depth look at topics such as cost accounting compliance, cost and pricing trends, contractor best practices and more. The current schedule of dates and topics is below.

Contractors and government practitioners alike will benefit from this informative and exciting webinar series.

 
Every second Tuesday of the month
12–1 p.m. ET

January 10: Subcontract and vendor cost allowability and related issues

February 14: Final indirect cost rate proposals: auditor focus areas, trends and best practices

March 14: Selected FAR cost principles, Part 1: compensation, legal, consulting, organization, restructuring, tangible and intangible capital asset costs

April 11: Selected FAR cost principles, Part 2: IR&D, B&P, selling, advertising, public relations costs, other business development costs

May 9: Cost estimating and truthful cost or pricing data requirements

June 13: Cost reasonableness and travel and relocation cost allowability

September 12: Managing internal investigations into accounting matters: mandatory disclosures

October 10: CAS overview and best practices

November 14: Termination cost recovery

December 12: TBD

Register now for the 2017 Financial Forum Series. All sessions are complimentary for Dentons clients.

Each webinar will provide CLE credit and will be recorded and available online.

For more information, please contact Sofia Abraham Mendoza at sofia.mendoza@dentons.com.

[Register now]

2017 Financial Forum Series

2017 Cybersecurity in Government Contracts Series: Developments and Practical Steps for Compliance

 

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Join Dentons’ Government Contracts practice and the Public Contracting Institute (PCI) for the final four parts of our six-part webinar series. Presented monthly, each session will address key cybersecurity requirements for federal government contractors.

Prime and subcontractors both large and small, will gain important guidance for complying with the US government’s rapidly expanding cybersecurity requirements. The 2017 schedule and topics are below.

Taught by lawyers from Dentons’ Government Contracts practice and Privacy and Security practice, these sessions will help contractors meet their current obligations and position themselves competitively for the future.

12–1:15 p.m. ET

January 12: The DoD network penetration clause

February 9: Breach investigation and response

March 9: The National Archives and Records Administration Rule / SP 800-171

April 27: Information sharing: CISA and beyond

Register now for the 2017 Cybersecurity in Government Contracts Series. All sessions are complimentary for Dentons clients.

Each webinar will provide CLE credit and will be recorded and available online. For more information, please contact Sofia Abraham Mendoza at sofia.mendoza@dentons.com

 

2017 Cybersecurity in Government Contracts Series: Developments and Practical Steps for Compliance

Government Contracts Legislative and Regulatory Update — December 2016

legreg-update

We are pleased to bring you the December edition of “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during the month of November. Highlights this month include:

  • Compromise version of the National Defense Authorization Act for FY 2017 nears completion
  • FAR Council issues a final rule requiring representation of contractor greenhouse gas emission disclosures
  • BIS issues a final rule to remove arms embargoes against certain countries
  • DoD proposes a rule that would increase contractors’ evaluated bid prices by including allowable IR&D expenses

This update will also appear in Contract Management Magazine, which is published monthly by the National Contract Management Association (NCMA).

On behalf of Dentons, we wish you and your loved ones a happy holiday season and a prosperous new year!

To read the newsletter, please click here

Government Contracts Legislative and Regulatory Update — December 2016

Webinar Recording: 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative

Silicon Valley Institute on Government and Technology

In case you missed our webinar “The 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative” hosted by Dentons’ Silicon Valley Institute on Government and Technology on November 17, 2016, a recording is available here.

You might also be interested in reading an article published by National Defense Magazine and republished by Bloomberg Government, which mentions some of the salient points made during the webinar.

 

Webinar Recording: 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative

Webinar: The 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative

Silicon Valley Institute on Government and Technology

Dentons’ Silicon Valley Institute on Government and Technology is pleased to invite you to participate in the webinar “The 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative.”

Please join us for an executive briefing that will cover:

  • The presidential and congressional election results, and leading contenders for prominent defense and national security roles in the Trump Administration
  • The defense sector and policy priorities in 2017
  • An update on Defense Innovation Unit Experimental (DIUx) and assessment of support for DoD’s innovation initiatives during the Trump Administration and next Congress

For more information and to register, please click here.

 

Webinar: The 2016 Presidential and Congressional Elections: Impacts on DoD’s Technology Innovation Initiative

Government Contracts Legislative and Regulatory Update – October 2016

legreg-update

The October edition of  “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of September. This update will also be available in Contract Management Magazine, which is published by the National Contract Management Association (NCMA).

We wish to thank our readers for the positive and encouraging feedback we received last month when we launched this monthly newsletter. Our aim is to keep you up-to-date on legislative and regulatory changes relevant to government contractors, so please keep the feedback coming.

To read the newsletter, please click here.

Government Contracts Legislative and Regulatory Update – October 2016

DoD Clarifies Covered Defense Information Definition in Final Cyber Reporting Rule

The Department of Defense (DoD) on October 4, 2016, issued a rule finalizing cyber reporting regulations applicable to DoD contractors and subcontractors set forth in 32 CFR Part 236.  The rule finalizes an interim rule DoD issued on October 2, 2015 and  addresses cyber incident reporting obligations for DoD prime contractors and subcontractors.

Notably, the final rule clarifies the by now well-known definition of the term ‘covered defense information’ (“CDI”).  This same term is used in DFARS 252.204-7012.  This DFARS clause defines CDI to include four different categories: (1) covered technical information (“CTI”); (2) operations security; (3) export controlled information; and (4) any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and government-wide policies.

Given the similarities of this final category to the definition of controlled unclassified information (“CUI”) promulgated in connection with the National Archives and Records Administration’s (NARA)  rule, we have understood this latter category to include CUI identified by NARA pursuant to its efforts under EO 13556.  The DoD’s new final rule provides support for this understanding because it narrows the definition of CDI to only two categories:  (1) CTI and (2) CUI.  This modification accordingly appears to make clear that the “catch-all” category of CDI contained in DFARS 252.204-7012 was intended to align with NARA’s CUI efforts.

Importantly, this final rule makes no changes to the DFARS clause itself,  and it is likely that conforming changes will be made to the DFARS clause in a future revision.  The December 2015 version of the DFARS clause remains effective.  Nevertheless, in light of the final rule contractors and subcontractors seeking to understand the scope of the CDI  under the DFARS clause should include CUI in their review as they await further revision to the clause.

DoD Clarifies Covered Defense Information Definition in Final Cyber Reporting Rule

Protecting Your IP as a Government Contractor

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Date: September 21, 2016
Time:
12:00 PM – 01:30 PM PDT
Venue:
Dentons’ San Diego office
4655 Executive Drive
Suite 700
San Diego, CA 92121
United States

Please join us for a complimentary networking lunch and presentation on intellectual property (IP) and the federal contracting process. The 90-minute lunch program will provide practical information on how companies that provide products or services to the government, as well as their investors, can best manage IP rights, from the bidding stage to project closeout and with regard to the full-range of contracts and other funding vehicles.

The program will be led by skilled Government Contracts lawyers from our offices across the nation. CLE credit is pending.

Overview of IP issues for emerging technologies: patents, copyrights, trademarks

  • Background on the IP rules in government contracts that impact emerging technologies
  • The government’s expectations regarding allocation of IP rights (patents, copyrights and trademarks) developed under government contracts
  • How to address IP in contracts, Small Business Innovative Research (SBIR) agreements, grants, cooperative agreements and “other transactions”

To register or for questions on the event, please email Sofia Abraham Mendoza at sofia.Mendoza@dentons.com.

Protecting Your IP as a Government Contractor

Dentons’ Silicon Valley Institute on Government and Technology: Protecting Your IP Program Series

Silicon Valley Institute on Government and Technology

Date: September 22, 2016
Time:
12:00 PM – 01:30 PM PDT
Venue:
Dentons’ Palo Alto office
1530 Page Mill Road
Suite 200
Palo Alto, CA 94304
United States

Protecting your intellectual property: A series of monthly programs presented by our Government Contracts team

Please join us for the first installment of a new series of programs on intellectual property (IP) and the federal contracting process. These 90-minute complimentary lunch programs will provide practical information on how companies that provide products or services to the government, as well as their investors, can best manage IP rights, from the bidding stage to project closeout, and with regard to the full range of contracts and other funding vehicles.

Our kickoff program, in September, will provide a high-level overview of the issues every company needs to consider. Our second program, in October, will focus on the protection of commercial software and data rights.

Additional programs to take us through year-end (dates TBD) will include a session on noncommercial software development issues and one on effective alternatives for handling disputed rights in software and technology under federal contracts.

All programs will be led by skilled Government Contracts lawyers from our offices across the nation and will be held in an informal setting: the new Accelerator Space in Dentons’ Silicon Valley office. CLE credit is pending.

Program 1: Overview of IP issues for emerging technologies: patents, copyrights and trademarks

The program will cover the following topics:

  • Background on the IP rules in government contracts that impact emerging technologies
  • The government’s expectations regarding allocation of IP rights (patents, copyrights and trademarks) developed under government contracts
  • How to address IP in contracts, Small Business Innovative Research (SBIR) agreements, grants, cooperative agreements and “other transactions”

Program 2: Rights in commercial data and commercial software

Scheduled for October 20, 2016; more information to follow

  • How tech companies should navigate government rights in commercial data and commercial software
  • Practical suggestions for maximizing protection of data and software rights under various forms of government agreements

To attend, please register here. For questions about the program series, please contact Sofia Abraham Mendoza at sofia.mendoza@dentons.com.

Dentons’ Silicon Valley Institute on Government and Technology: Protecting Your IP Program Series