News & Analysis as of

National Defense Authorization Act Comment Period

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
The Volkov Law Group

BIS Publishes Proposed Revisions to EAR Addressing U.S. Person Support for “Foreign Security” and Military End Users

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On July 25, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two (2) new rules in the Federal Register that significantly expand the scope of existing “U.S. Person” prohibitions...more

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

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The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more

Holland & Knight LLP

EPA Seeks Comment on Air Pollutant Reporting for PFAS

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The U.S. Environmental Protection Agency (EPA) announced on July 25, 2023, a proposed rule, published in the Federal Register on Aug. 9, 2023, to update the Air Emissions Reporting Requirements (AERR) to collect certain...more

Venable LLP

Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors

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On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would...more

BCLP

PFAS Update: EPA Proposes Increased TRI Reporting Requirements

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On December 5, 2022, the U.S. Environmental Protection Agency (“EPA”) proposed a rule that would increase reporting for many per- and polyfluoroalkyl (“PFAS”) substances in the Toxics Release Inventory (“TRI”) under Section...more

Nossaman LLP

U.S. Fish and Wildlife Service Seeks Input On Conservation Banking Rules

Nossaman LLP on

On July 27, 2022, the U.S. Fish and Wildlife Service (Service) published an advance notice of proposed rulemaking (ANPR) seeking comment on species conservation banking. Species conservation banking gives developers and other...more

Bass, Berry & Sims PLC

New Certification Process for Veteran-Owned Small Businesses

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On July 6, the SBA issued a proposed rule that would implement Section 862 of the National Defense Authorization Act for Fiscal Year 2021 establishing a government-wide certification process for Veteran Owned Small Businesses...more

Cohen Seglias Pallas Greenhall & Furman PC

Please Pass the Past Performance Rating: SBA’s Proposed New Rules to Help Small Businesses Become More Competitive

The SBA is proposing two new methods for small businesses to obtain the often elusive qualifying past performance commonly required when competing for federal contracts. The proposed rules implement new provisions of the...more

Holland & Knight LLP

Thinking Outside the Box: Last Call for Input Regarding DoD's Evaluation and Valuation of IP

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Late last year in the Holland & Knight blog post, "DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data," the firm reported on new intellectual property (IP) rules proposed by the U.S....more

Holland & Knight LLP

DoD Codifies NISPOM, Formalizes Certain Personnel Reporting Requirements and Eases FOCI Burden

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In a final rule effective Feb. 24, 2021, the U.S. Department of Defense (DoD) codified the National Industrial Security Program Operating Manual (NISPOM) in Title 32, Part 117 of the Code of Federal Regulations. Of primary...more

Wiley Rein LLP

Wireless Roundup (November 2020)

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Upcoming Filing and Comment Deadlines - FCC Seeks Input on WRC-23 Advisory Committee Draft Recommendations: Comments are due November 2 on the Federal Communications Commission’s (FCC or Commission) Public Notice, which...more

Stinson - Government Contracting Matters

Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations

In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal...more

Akin Gump Strauss Hauer & Feld LLP

What's New in Washington - July 2020

The legislative calendar continues to march forward as members of Congress adapt to their new work environments and routines. With the House and Senate both in session this week, Senate Republicans plan to roll out their...more

Sheppard Mullin Richter & Hampton LLP

DoD’s Squeeze of Chinese Telecom Equipment Continues

At the end of 2019, the Department of Defense (“DoD”) took another step to limit the potential cyber risks posed by telecommunications equipment manufactured by Chinese companies (and potentially Russian ones too). We...more

BCLP

PFAS Chemicals Will Be Added to the Toxic Release Inventory and Additional Chemicals May Be Coming

BCLP on

In furtherance of the PFAS Action Plan of 2019,  the Environmental Protection Agency (“EPA”) is adding certain per-and polyfluoroalkyl substances (“PFAS”) to the list of toxic chemicals subject to reporting under the Toxic...more

Akin Gump Strauss Hauer & Feld LLP

New Proposed Grant Restrictions on Use of Certain Chinese Products and Services: OMB Proposes Guidance Implementing Grant...

Key Points - On January 22, 2020, the Office of Management and Budget (OMB) proposed changes to its grants and agreements regulations (2 CFR Part 200) to implement § 889 of the National Defense Authorization Act (NDAA)...more

Seyfarth Shaw LLP

NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI

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Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s...more

Holland & Knight LLP

New Interim FAR Rule Regarding the Prohibition on Certain Chinese Telecommunications Services or Equipment

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On Friday, December 13, the FAR Council issued a second interim rule implementing Section 899(a)(1)(A) of the 2019 National Defense Authorization Act. The interim rule adds annual representations to SAM.gov relating to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2019

Congress Sprints to the Finish. Congress returned this week from its Thanksgiving break and is racing to the end of the first session of the 116th Congress. Lawmakers are technically only supposed to remain in town through...more

Holland & Knight LLP

DoD Proposes to Amend Definition of Commercial Items

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On November 27, 2019, the Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Regulation Supplement (DFARS) regarding the Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029). The...more

Faegre Drinker Biddle & Reath LLP

Government Contracts Regulatory and Legislative Update - November 2019

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the previous month. Regulations - The FAR...more

Obermayer Rebmann Maxwell & Hippel LLP

FAR Council Publishes Proposed Rule Limiting the Use of LPTA Procurements

We have written about Congress’s plan to limit the use of Lowest Price Technically Acceptable (LPTA) source selection criteria.  Recall that the FAR Council, the body responsible for adding new sections of the FAR, was...more

Stinson - Government Contracting Matters

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video...

Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by...more

Faegre Drinker Biddle & Reath LLP

Government Contracts Regulatory and Legislative Update - May/June 2019

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary and insight into the relevant industry developments that occurred during the previous month. Regulations - DoD Issues...more

Holland & Knight LLP

DoD, GSA and NASA Issue Proposed Rule Addressing Credit for Lower-Tier Small Business Subcontracting

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The U.S. Department of Defense (DoD), the U.S. General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA), (collectively, the Agencies) just issued a Proposed Rule that addresses...more

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