GovConJudicata Weekly Debrief (1/1–5)

This week's Weekly Debrief covers Energy's infrastructure funding offer, Merck's insurance settlement regarding NotPetya claim, generative AI and automation and public services, defense tech and Silicon Valley, and Bombardier's new spy plane contract.

Cyber

Fedscoop – Energy Department has cyber threats to infrastructure in mind with $70 million funding offer

• "The Department of Energy is offering $70 million in funds toward research and development for technology that would protect delivery infrastructure against cyber-related threats and other physical hazards, part of what a senior agency official said is the prioritization of 'the operational technology side of the house.'"

TheRecord – Merck settles with insurers who denied $700 million NotPetya claim

• "Pharmaceutical giant Merck has reportedly reached a settlement with insurers over their refusals to cover losses stemming from the NotPetya cyberattack in 2017. The undisclosed settlement, first reported by Bloomberg Law, is the culmination of a years-long court battle that has attracted attention from the cybersecurity and insurance industries because of its implications for defining what constitutes “acts of war” in the cyber context."

AI

FederalTimes – Generative AI, automation to boost delivery of public services

• "With 2024 on the horizon, federal agencies are on the cusp of a transformative era in which AI-powered automation and Generative AI are set to revolutionize compliance and public service delivery. The integration of AI with automation is a practical solution already being implemented across the public sector to enhance the efficiency and effectiveness of government operations."

Defense

Semafor – Defense tech is having its moment in Silicon Valley

• "After Silicon Valley shunned ties with the U.S. military for years, defense tech is having a moment in the industry. For the past few years, more startups and investors have been building and funding companies targeting the Pentagon as a customer."

DefenseNews – Bombardier wins US Army contract for new spy plane prototype

• "The U.S. Army awarded a contract to Bombardier Defense to provide at least one Global 6500 aircraft to serve as a prototype airframe for a new spy plane program, the service announced Wednesday. The firm-fixed-price contract, awarded Dec. 12, includes an option to purchase two additional aircraft over a three-year period. The first aircraft’s delivery date is set for Oct. 1, the statement noted."

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GovConJudicata

#GovConThoughts: Recent GAO Decision Highlights GAO's Jurisdiction Over Protests Involving Task Orders

• "The recent bid protest decision in ELS, Inc., B-421989, December 21, 2023, 2023 CPD ¶ ___ highlights an important aspect of bid protest litigation before the U.S. Government Accountability Office ("GAO"): task order jurisdiction."

Recent FCA Settlement Highlights Small Business Certification Issues in Private Equity Transactions

• "The Department of Justice ("DOJ") recently announced a $1.75 million false claims settlement with a contractor that "improperly obtained government contracts that were set-aside for small businesses." The DOJ settlement highlights the criticality of accurate small business representations and certifications in government contracting, and in particular, those that may arise during or after an M&A transaction involving a small business."

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#govcon