News & Analysis as of

Department of Defense (DOD) Acquisitions National Defense Authorization Act

Bracewell LLP

Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

Bracewell LLP on

Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

Perkins Coie on

The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

Bass, Berry & Sims PLC

New Rule Seeks to Streamline DoD Commercial Product and Service Procurements

Bass, Berry & Sims PLC on

On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more

Perkins Coie

The FY 2023 National Defense Authorization Act: Key Provisions Relevant to Defense Contractors

Perkins Coie on

Inflation relief for defense contractors, a ban on procurement of products and services containing certain Chinese semiconductors, and codification of the Federal Risk and Authorization Management Program (FedRAMP) governing...more

Perkins Coie

The FY 2022 National Defense Authorization Act: Key Provisions for Government Contractors

Perkins Coie on

Cybersecurity, artificial intelligence, and nontraditional approaches to procurement are once again areas of legislative focus for Congress in the recently passed Fiscal Year 2022 National Defense Authorization Act (NDAA),...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

PilieroMazza PLLC on

In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

PilieroMazza PLLC on

In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

McCarter & English Blog: Government Contracts...

Clarity, Sweet Clarity—Proposed Rule Will Revise The FAR Definition Of “Commercial Item”

On October 15, the FAR Council issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.” As explained below, the Proposed Rule will eliminate the current FAR definition of “commercial...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2020 #2

PilieroMazza PLLC on

Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 - In its role as advocate to small businesses operating in the government contracting...more

McCarter & English Blog: Government Contracts...

Slow and Steady Doesn’t Always Win The (Acquisition) Race: The CODER Act Aims To Transform DoD Software Acquisition

As the frequency and sophistication of existential threats to national security over the past decade have drastically increased, the United States’ reliance on software to identify threats, rapidly share information, and...more

Morrison & Foerster LLP - Government...

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more

Holland & Knight LLP

2019 NDAA Analysis: Enhancing IDIQs and Other Provisions

Holland & Knight LLP on

Over the past several months, this blog has analyzed several key provisions of the Fiscal Year 2019 National Defense Authorization Act (NDAA) that impact government contractors. This post briefly summarizes a variety of other...more

Akin Gump Strauss Hauer & Feld LLP

Six Recent Government Supply Chain Risk and Cybersecurity Initiatives

• DoD and other government agencies will scrutinize contractors’ supply chain security plans and programs from proposal submission to contract closeout. • The 2019 NDAA as approved by Congress and DHS initiatives highlight...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

Holland & Knight LLP

New DoD Class Deviation Tackles Micro-purchase and Simplified Acquisition Thresholds

Holland & Knight LLP on

On April 13, 2018, The Department of Defense (DoD) issued Class Deviation 2018-O00013, which consolidates and supersedes two prior class deviations that increased the micro-purchase and simplified acquisition thresholds and...more

Bass, Berry & Sims PLC

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

Bass, Berry & Sims PLC on

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

Sheppard Mullin Richter & Hampton LLP

Contractors Beware: The 2018 NDAA Ushers In New Changes Affecting IP Rights

The 2018 National Defense Authorization Act (“NDAA” or “Act”) includes changes that could make the Department of Defense (“DoD”) a more effective and knowledgeable purchaser of Intellectual Property (“IP”) and promote more...more

Morrison & Foerster LLP - Government...

DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

Holland & Knight LLP

2018 NDAA Analysis: Acquisition Workforce Improvements

Holland & Knight LLP on

This is the sixth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Pillsbury Winthrop Shaw Pittman LLP

Changes to Audit and Truth in Negotiations Act in FY 2018 NDAA

For DoD acquisitions, the Conference Report for FY 2018 NDAA includes provisions that would streamline the DCAA Incurred Cost Audit process by involving private auditors and increase the TINA threshold. Conference Report...more

Pillsbury Winthrop Shaw Pittman LLP

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...more

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