Photo of Barbara Duncombe

Barbara Duncombe is a partner with Taft's Government Contracts practice area, representing clients regionally and nationally. For over 25 years, Barbara has worked with clients to address questions or problems with public contract formation, performance, administration, payment and dispute resolution. She has represented prime contractors, subcontractors and public buyers. Her experience focuses on analysis of contract problems and their resolution through discussion, claims and other dispute forums/processes, including Alternative Dispute Resolution as well as litigation before the Government Accountability Office (GAO), Boards of Contract Appeals and federal and state courts.

A recent GAO decision denying a contractor’s protest because of cybersecurity concerns offers contractors four lessons on how to avoid making the same mistakes.

I.  Background Facts and Decision

Syneren Technologies Corporation was one of 20 contractors who responded to a Navy RFP to award an ID/IQ contract for IT systems and software to support human resource operations involving a variety of business enterprise services. The work was to be performed at a government facility and involved DoD and Navy


Continue Reading Selling Software to the Government: Four Cybersecurity Lessons from a Failed DoD Bid Protest

DOD New Cybersecurity regulationsThe US Department of Defense’s (DoD) new cybersecurity regulations require defense contractors to cooperate with Government support services contractors investigating a “cyber incident that affects a covered contractor information system or the covered defense information residing therein or that affects the contractor’s ability to provide operationally critical support.”  DoD’s Defense Industrial Base Cybersecurity Activities Final Rule, 32 CFR 236.4(b), (m)(5) (effective Nov. 3, 2016); Response to Public Comments, 81 FR 68312 (Oct. 4, 2016).

It doesn’t take much imagination to
Continue Reading DoD’s New Cybersecurity Regulations: How to protect yourself when a Government support services contractor wants to inspect your data and devices

The new DoD cybersecurity regulations require contractors to implement the security requirements specified by the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” not later than Dec. 31, 2017. DFARS, 252.204-7008(c)(1).

However, a contractor may propose to vary from the NIST SP 800-171 requirements under two circumstances. Under DFARS 252.204-7008(c)(2), a contractor may propose to vary from the security requirements specified by NIST SP 800-171 through a
Continue Reading Will the New DoD Cybersecurity Regulations Cause a New Wave of Protest Disputes?

The U.S. Department of Defense published its Network Penetration Reporting and Cloud Computing Services regulations as an interim rule in August 2015 and updated them in December 2015.  Watch this new webinar replay at your convenience to learn about the regulations, how they may impact your business, and the concerns of industry groups. Click HERE to watch the webinar in its entirety.

 
Continue Reading Webinar Replay Now Available on the New Defense Department Cybersecurity Rules