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Morgan Lewis Government Contractor Guidebook

YOUR GUIDE TO THE ISSUES THAT MATTER TO GOVERNMENT CONTRACTORS

GovCon Update: AI and ICT Compliance, Rare Earth Supply Chains, Small Business Fraud, Cyber Enforcement

Recent developments in government contracting highlight growing federal attention to artificial intelligence (AI) governance, technology supply chain security, domestic industrial capacity, and contractor compliance obligations. The latest updates include new General Services Administration (GSA) rulemaking affecting information and communication technology (ICT) acquisitions, a significant Department of Defense (DoD) investment in domestic rare earth processing, and two Department of Justice (DOJ) settlements reinforcing continued enforcement priorities in the small business and cybersecurity arenas.

GSA Advances AI and ICT Compliance Through Proposed Rulemaking

GSA recently issued a proposed rule revising portions of the General Services Acquisition Regulation (GSAR) governing acquisition of information and communication technology. The proposal is intended to update and consolidate requirements related to ICT procurement, with particular emphasis on cybersecurity, supply chain risk management, and emerging technologies such as AI.

Among other changes, the proposed rule contemplates enhanced requirements related to safeguarding federal information, evaluating ICT providers, and aligning acquisition practices with evolving federal security standards.

The proposal also provides important context for GSA’s parallel efforts to develop a contract clause addressing large language models and contractor use of AI tools. Together, these initiatives reflect a broader effort to formalize how contractors deploy AI and ICT solutions during contract performance, particularly where sensitive information, system access, or supply chain integrity concerns are present.

For contractors, the trend is increasingly clear: AI governance, data management practices, and technology sourcing decisions are becoming embedded in procurement requirements and may increasingly serve as contractual compliance obligations.

DoD Investment Targets Domestic Rare Earth Supply Chain Resilience

The DoD Office of Strategic Capital recently announced a $500 million conditional loan commitment to Phoenix Tailings to expand domestic processing of rare earth elements.

The financing is intended to support a broader effort valued at approximately $1 billion to expand production capacity at existing facilities and develop a new US-based processing facility focused on rare earth separation and metallization. These capabilities are viewed as a critical gap in the domestic supply chain and play an important role in supporting the broader “mine-to-magnet” ecosystem that underpins both defense and commercial manufacturing needs.

The investment reflects ongoing federal efforts to reduce dependence on foreign sources of critical materials and strengthen the domestic defense industrial base.

For contractors, the announcement demonstrates the government’s increasing willingness to use financing and industrial policy tools, alongside traditional procurement mechanisms, to shape strategic supply chains. It also signals potential opportunities for companies involved in critical minerals, advanced manufacturing, and defense-related technologies to align with domestic sourcing and industrial resilience priorities.

DOJ Settlement Reinforces Focus on Small Business Program Fraud

DOJ recently announced a $21.3 million settlement with a government contractor and certain executives to resolve allegations involving contracts reserved for service-disabled veteran-owned small businesses (SDVOSBs).

According to the government, the defendants allegedly used nominally qualifying small businesses as pass-through entities while retaining actual control over contract performance and operations.

The settlement serves as another reminder that ownership, control, and operational requirements remain central enforcement priorities for small business set-aside programs. It also highlights continued government scrutiny of undisclosed affiliation arrangements and structures that may undermine program eligibility.

Contractors participating in set-aside programs should continue reviewing ownership, governance, and performance arrangements to ensure that certifications and eligibility representations remain accurate and supportable.

DOJ Settlement Highlights Continued Cybersecurity Enforcement

DOJ also recently announced a settlement with an Alabama-based defense contractor resolving FCA allegations tied to cybersecurity compliance representations.

The government alleged that the contractor submitted inaccurate scores to the Supplier Performance Risk System (SPRS), which DoD uses to assess contractor compliance with applicable cybersecurity requirements. According to the allegations, those submissions overstated the contractor’s adherence to required security controls.

Although the settlement amount was relatively modest at approximately $507,000, the case reinforces DOJ’s continued focus on cybersecurity enforcement through the FCA and demonstrates that inaccurate compliance representations can create significant liability exposure.

For contractors, the settlement highlights the importance of validating cybersecurity compliance claims, maintaining documentation supporting those claims, and ensuring that SPRS submissions accurately reflect implemented controls rather than planned or aspirational compliance efforts.

Looking Ahead

These developments underscore several continuing government priorities: strengthening oversight of emerging technologies, securing critical supply chains, protecting the integrity of small business contracting programs, and enforcing cybersecurity obligations. Contractors should continue monitoring evolving procurement requirements and ensure that compliance programs, certifications, and operational practices remain aligned with increasingly active enforcement and oversight efforts.