Accuracy in contractor proposal representations and cybersecurity compliance remains pressing, as demonstrated by an April 2021 settlement under the False Claims Act (FCA). In a previous alert, we noted that contractor representations of cybersecurity compliance/capabilities represent a fertile ground for bid protests. In this GT Alert, we highlight how the Department of Justice (DOJ)
Scott A. Schipma focuses his practice on government contracts, public and private construction disputes, and related insurance matters. He counsels and represents clients on a wide range of publicly-funded contract issues, including award decisions, subcontracting, regulatory compliance, data rights, cybersecurity, cooperative agreements, contract terminations, mergers and acquisitions, lender financing, and the preparation and litigation of complex claims related to contract changes. Scott represents clients in bid protests before various state and federal agencies, boards, and forums, including the General Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), the Small Business Administration (SBA), the U.S. Department of Energy (DOE), the Federal Transit Administration (FTA), the United States Postal Service (USPS), and the Federal Aviation Administration (FAA) through the Office of Dispute Resolution for Acquisition (ODRA).
Scott's practice also involves advising and representing clients involved in the construction and insurance industries. He assists clients with the prosecution and defense of claims and disputes involving national and international construction and development projects in various forums, including state and federal courts, industry arbitration panels, international arbitrations, federal and state boards, and mediations.
Before entering private practice, Scott began his legal career as an Attorney Advisor to the U.S. Navy's Naval Air Systems Command, where he advised senior leadership regarding the negotiation, award, and administration of aircraft and related weapon-systems procurements. While with the Navy, he also served as Claims Counsel for the Command, and was responsible for the resolution of numerous contractor claims.
On May 12, 2021, President Biden issued an executive order entitled Improving the Nation’s Cybersecurity (EO). The EO was released only days after the cyberattack impacting Colonial Pipeline, and several months following discovery of the penetration of various federal agencies as a result of the Solar Winds cyber breach by Russian hackers in 2019. The…