Military Government Contracting

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Big News for Veteran-Owned Small Businesses

Last week, the House of Representatives voted to amend the Department of Transportation’s (“DOT”) definition of Disadvantaged Business Enterprises (“DBEs”) to include Veteran-Owned Small Business Concerns (“VOSBs”). This was...more

VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias' Miles Construction Case

On November 6, 2015, the VA issued a proposed rule, which could drastically change the way the two eligibility requirements for VOSBs and SDVOSBs are interpreted. The VA explained the changes as follows...more

Improvements Noted in the VA’s CVE Verification Process

A new report by the U.S. Government Accountability Office (GAO) notes measurable improvement in the processes used by the Department of Veterans Affairs (VA) to verify Service-Disabled, Veteran-Owned Small Businesses...more

VA Proposes Significant Changes to Its VOSB/SDVOSB Verification Program

On November 6, the Department of Veterans Affairs (VA) issued a proposed rule amending its regulations governing the VA’s verification program for veteran owned small businesses (VOSBs) and service-disabled veteran owned...more

An Overbroad Confidentiality Agreement Could Cost Your Company a DoD Contract, or Worse

Action Item: Defense contractors should promptly examine their personnel policies and employee confidentiality agreements to avoid a serious risk created by a new DoD Contract Clause and Certification. If a contractor’s...more

The GAO and the Rule of Two

This seems to be an active couple of weeks regarding government contracting as well as SBA matters. This update will very briefly cover a protest regarding the rule of two within multiple award contracts; the Army not...more

Recent Data Suggests Contractors Are Getting A Fair Shake Before The ASBCA

The Armed Services Board of Contract Appeals recently released its Report of Transactions and Proceedings for FY2015. The data reveals some interesting trends and provides useful guidance for contractors considering their...more

Government contractor industry brief urges Fourth Circuit to reaffirm “battlefield contractor” tort-suit defenses

On October 29, 2015, Dentons filed an amicus brief with the Fourth Circuit Court of Appeals on behalf of its clients, the Professional Services Council—The Voice of the Government Services Industry and the Coalition for...more

New DoD Cybersecurity Rule and How Contractors Can Reduce Their Risks

The Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases...more

Counterfeit Parts Rule: Do You Know Where Your Parts Came From?

You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the...more

Department of Defense Spending Decreases, But Other Agencies Buck the Trend

Fiscal year (FY) 2014 saw a continued decrease in the Department of Defense (DoD) spending. In FY 2014, DoD spent $418 billion on payroll and contracts, which roughly equals 2.4% of the U.S. GDP. Recall that in 2013,...more

Federal District Court in California Holds that Subcontract Provision Binding Subcontractor to Result of Dispute Resolution under...

DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) - This payment dispute case arises out of a Veterans Affairs (“VA”) construction...more

Alert: New Department of Defense Regulations Mandate the Reporting of Cyber Incidents

The Department of Defense (DoD) has published regulations that require DoD contractors to report cyber incidents impacting unclassified DoD contractor systems. The new regulations mandate compliance with elements of the...more

Federal District Court in Florida Holds that Contract Provision Giving General Contractor Discretion to Apportion Damages Does Not...

Davis Group, Inc. v. Ace Electric, Inc., 2015 U.S. Dist. LEXIS 83368 (M.D. Fla. June 26, 2015) - This action arose out of a construction project to build a new Radar Approach Control Facility at Seymour Johnson Air Force...more

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014

The U.S. Department of Justice (DOJ) obtained a record $5.69 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2014. This marks the first time the DOJ...more

Department of Defense Issues New Cybersecurity Rules for Defense Agencies That Use Contractors and Cloud Services to Hold...

The U.S. Department of Defense (DOD) recently published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).1 The interim rule, effective August 26, 2015, focuses on two issues. First, the...more

Court of Federal Claims Holds Contractor’s Duty to Continue Performance Under Disputes Clause May Be Excused Where Government...

Vanguard Constr., Inc. v. United States, 2015 U.S. Claims LEXIS 1158 (Fed. Cl. Sep. 8, 2015) The United States Air Force (the “Government”) entered into a contract with Vanguard Construction, Inc. (“Contractor”) to replace a...more

DoD Issues White Paper Aimed at IR&D Costs

On August 26, 2015, the Department of Defense (“DOD”) issued a White Paper announcing that, beginning in FY 2017, all defense contractors will be required to notify DOD before undertaking any new Independent Research and...more

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

U.S. State Department Targets Russian, Iranian Firms in Sanctions Move Against WMD and Missile Proliferation

The U.S. Department of State imposed sanctions on September 2, 2015, against 23 companies around the world for involvement in the transfer or purchase to or from Iran, North Korea or Syria of goods, services or technology...more

DoD New Cyber Security Reporting Rules for Contractors

In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interim Rule (“Rule”) that imposes new security and reporting requirements on federal contractors,...more

Weekly Update Newsletter - August 2015 #3

GOVERNMENT CONTRACTS - DOD Issues Interim Rule to Amend DFARS: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)- The Department of Defense (DOD) issued an interim rule to amend...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

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