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Month: January 2019

Shutdown is Long, Still Going Strong

Is there an end in sight? Will the Dems and Trump come to an agreement soon? Will you get paid? Will you receive back pay for the time the government doors are shut? These are the questions government workers, contractors, and subcontractors are asking.

Here’s what we know:

• Private companies that serve civilian agencies such as the Department of Homeland Security, the United States Agency for International Development (USAID), and the EPA have been told to stop work on specific contracts. (No word as to what happens next.) (Washington Post January 6, 2019)

• The government is offering guidance to contractors on an agency-by-agency basis and contractors are starting to receive “stop work order” notices from those agencies that no longer have funds. (Department of Defense and intelligence agencies are, for the most part, unaffected.) (ibid)

• FEMA has posted a “blanket” stop work order. This likely will not affect deep pockets of larger companies working on FEMA contracts, but will undoubtedly negatively impact smaller businesses. Government workers will get back pay, government contractors will not. (Washington Post, January 6, 2019)

As feared, the smaller the business the greater the impact.

Have questions about your contracts with the government and what you should be doing? Give us a call at 301-913-5000.

 

Bid that Bid … Still!

Government shutdown or no, contractors should still submit bids by their due date!

According to Alan Chvotkin (EVP and general counsel for the Professional Services Council), “these are among the thousand day-to-day issues that arise during an actual lapse in funding. The general guidance I provide our members is: Until told otherwise, the deadline is the deadline, even if the government offices are closed.” (Aron Boyd, Nextgov December 28, 2018)

Submitting bids electronically is relatively easy. A bigger issue arises with bids requiring physical submission: what to do? You are your own best advocate in this situation. Chvotkin suggests that it’s “best to attempt delivery and document — with photos and time stamps of the effort and confirm the attempt with an electronic message to the designated official.” (ibid)

Due diligence on the contractors part goes a long way. Keep an eye out for updates and extensions. Do not assume a bid deadline will be extended. The best rule of thumb is to make no assumption and assume the original due date is the due date!

Give us a call and we will help you work through your bid submission, at 301-913-5000.

Keeping a Secret Secret

The Pentagon warns that cyber attacks and threats from foreign intelligence services on national security are very real, and they aim to increase protections for subcontractors from foreign hacking efforts so that sensitive information remains undistributed.  Part of the new standard reads, “a company’s level of security is accepted by all prime contractors, systems integrators, and the DoD.” Subcontractors should now be able to better explain their security controls to defense companies. (J.Lynch, Fifth Domain, December 2018)

Subcontractors are being held to new standards, and the Pentagon is serious about poor or lapsed cybersecurity measures. A Pentagon task force has been created to prevent defense secrets from outside hackers as well as a pilot program for the DoD to learn which companies are actually in their network.

In light of those warnings, the Aerospace Industry Association (AIA) has updated the national aerospace standard, which now consists of a list of 110 security controls broken down into “22 control families.” (J.Lynch, Fifth Domain, December 2018) These new AIA guidelines do not replace the National Institute of Standards and Technology standards, but work to compliment them. Updated AIA standards are built around successive levels of security, thus allowing for continual improvement of cyber defense capabilities.

Questions about your cyber security plan? Give us a call at (301) 913-5000, we are here to help!