Patrick Stanton

Patrick Stanton

Patrick Stanton advises clients on a variety of contracting and procurement issues, including Federal Supply Schedule contracting compliance, domestic sourcing requirements, cost and pricing issues, and organizational conflicts of interest.

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DoD Further Clarifies Its DFARS Cybersecurity Requirements

On January 27, 2017, the Department of Defense (DoD) issued an updated Frequently Asked Questions (FAQ) regarding the application and requirements of DFARS 252.204.7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Though questions remain regarding various nuances of the rule, the FAQ is a helpful document for those contractors still working on implementation of … Continue Reading

NARA Sets the Stage for a Final FAR Cyber Clause

On September 14, 2016, the National Archives and Record Administration (“NARA”) issued a Final Rule, effective November 13, 2016, establishing cross-agency practices and procedures for safeguarding, disseminating, controlling, destroying, and marking Controlled Unclassified Information (CUI).  Although the Final Rule only applies directly to executive branch agencies that designate or handle information that meets the standards … Continue Reading

DOD Final Rule Addresses Source Requirements and Cost Recovery for Use of Counterfeit Electronic Parts

Supply chain protection has been a point of increasing emphasis by the Government and especially the Department of Defense (“DoD”) in recent years. In no area is this more true than ensuring that Government systems and equipment are free from counterfeit electronic parts, which can raise both security and defect concerns. DoD has accordingly taken several steps, many of which have taken the form of new requirements on contractors, to protect against counterfeit electronic parts. With these requirements has come added risk to contractors that even mistakenly use electronic parts in the goods they sell to DoD. However, an August 30, 2016, final DFARS rule (implemented at DFARS 2301.205-71) seeks to mitigate some of this risk by allowing contractors to recover the cost of replacing counterfeit electronic parts, as long as the contractor has taken certain steps to prevent the use of such parts.… Continue Reading

Could Senate NDAA Spell the End of Incumbent Bid Protests?

Defense contractors seeking to protect their incumbent contracts by filing protests with the Government Accountability Office (GAO) may need to think twice if Congress enacts protest reform provisions included in the Senate Armed Services Committee’s recently released version of the National Defense Authorization Act (NDAA) for Fiscal Year 2017 (S. 2943). Under Sec. 821 of … Continue Reading

DoD Final Rule Clarifies Application of Afghan Taxes to Contractors

On December 30, 2015, the Department of Defense (DoD) issued a Final Rule intended to clarify that U.S. defense contractors and subcontractors performing work in Afghanistan, including work on contracts below the simplified acquisition threshold and for commercial items, are not subject to Afghan taxes.[1]  The rule updates the tax provisions of the DFARS to … Continue Reading

DoD Issues Targeted Class Deviation Updating Recently Adopted Cybersecurity DFARS Clauses

Last week, on October 8th, DoD issued a class deviation replacing DFARS 252.204-7012 and 252.204-7008 with revised clauses that give covered contractors up to nine (9) months (from the date of contract award or modification incorporating the new clause(s)) to satisfy the requirement for “multifactor authentication for local and network access” found in Section 3.5.3 … Continue Reading

No Cost Contract Award is No Problem According to GAO

In a procurement that will result in the award of a fixed-price contract, contractors have the choice to price their offers below their expected costs. This approach can provide a substantial competitive advantage when a contractor believes the tangential benefits of a contract award will exceed the excess costs of performance. But how far below … Continue Reading

DOD Issues Interim Rule Addressing New Requirements for Cyber Incidents and Cloud Computing Services

On August 26, 2015, the Department of Defense (DoD) issued an interim rule that imposes expanded obligations on defense contractors and subcontractors with regard to the protection of “covered defense information” and the reporting of cyber incidents occurring on unclassified information systems that contain such information.  Nearly three years in the making, this interim rule replaces the … Continue Reading

D.C. Circuit Creates Circuit Split Regarding Jurisdictional Nature of the False Claims Act’s First-to-File Rule

In the recently decided U.S. ex rel. Heath v. AT&T Inc., No. 14-7094 (June 23, 2015), the D.C. Circuit rejected the general consensus of the circuit courts and held that the False Claims Act’s (“FCA”) first-to-file rule is not jurisdictional.  This decisions creates a circuit split between the D.C. Circuit and the First, Fourth, Fifth, … Continue Reading
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