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Nyet: Board Finds Insufficient Evidence to Grant Summary Judgment on SOL Grounds

Client Alert | less than 1 min read | 07.06.16

In Kellogg Brown & Root Servs., Inc. (June 16, 2016), the ASBCA denied KBR’s motion for summary judgment regarding two government demands for repayment of alleged overcharges that KBR argued were barred by the CDA’s six-year statute of limitations. Citing Sikorsky, the board held that, even though KBR had presented numerous documents to show that the government was made aware of its challenged practices more than six years before the final decisions, the documents themselves (without more) failed to establish undisputed material facts sufficient to meet the post-Sikorsky burden of proof in light of the government’s opposing evidence.

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Client Alert | 8 min read | 01.17.25

Cyber For All: Proposed Rule Introduces Government-Wide CUI Cybersecurity Requirements

On January 15, 2025, the FAR Council released a proposed rule (FAR CUI Rule) that would amend the FAR to implement federal government-wide Controlled Unclassified Information (CUI) cybersecurity, training, and incident reporting requirements for government contractors and subcontractors.  The rule’s key cybersecurity requirements closely mirror the Department of Defense’s Cyber Maturity Model Certification (CMMC) program (for example, compliance with National Institute of Standards and Technology Special Publication 800-171, Revision 2), but broaden the scope to include contractors and subcontractors working across all federal agencies.  The Rule is intended to standardize the handling of CUI by federal government contractors and subcontractors in accordance with Executive Order 13556, including by:...