News & Analysis as of September 18, 2024

Department of Defense (DOD)

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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 -

CMMC 2.0 and FOCI Assessments: Preparing for What Lies Ahead

American Conference Institute (ACI) on 7/18/2024

Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more

Updates on GHG Emissions Disclosure Requirements

Sheppard Mullin Richter & Hampton LLP on 3/28/2024

Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions - Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to...more

The 2024 National Defense Act Provisions

Schwabe, Williamson & Wyatt PC on 12/19/2023

The 2024 National Defense Authorization Act passed by the Senate and House this week contains provisions that may have an impact on small business contractors. SEC. 862. PAYMENT OF SUBCONTRACTORS...more

Clarification: You Can Recover for Changes Implementing Executive Orders

Bass, Berry & Sims PLC on 12/28/2022

The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle...more

DoD Launches ESOP Pilot: Sole Source Follow-On Contracts Limited to Nine Entities

Maynard Nexsen on 11/29/2022

Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards....more

Thermal Cameras May Jeopardize Access to Federal Government Contracts

King & Spalding on 7/16/2020

As the country begins to reopen and states begin to relax stay-at-home orders, companies are trying to ensure the health and safety of their employees and customers. In order to limit exposure to COVID-19, companies are...more

FINAL FAR RULE: Prohibition on Reimbursement for Congressional Investigations and Inquiries

Morrison & Foerster LLP - Government... on 1/27/2017

On January 13, 2017, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a 10 U.S.C. § 2324(k)(2). Under the rule, contractors may not...more

More Cybersecurity Rules

Davis Wright Tremaine LLP on 10/23/2015

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

Holland & Knight LLP on 8/31/2015

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

Weekly Update Newsletter - June 2014 #4

PilieroMazza PLLC on 6/30/2014

In this issue; - DoD Issues Proposed Rule to Amend DFARS Defense Contractors Performing Private Security Functions (DFARS Case 2014-D008) - DoD Issues Final Rule to Amend DFARS Private Sector Notification...more

DOD Updates Contractor Whistleblower Regulations—Increased Enforcement and Litigation on the Horizon

King & Spalding on 10/2/2013

On September 30, 2013, the Department of Defense (DOD) published a potentially significant Interim Rule to amend the Defense Federal Acquisition Regulations (DFARS)—DFARS Case 2013-D010. This rulemaking brings DOD regulations...more

What is a "Counterfeit" Part? DOD's Definition Might Surprise You

Foley & Lardner LLP on 6/12/2013

The U.S. Department of Defense (DOD) recently published its first set of proposed regulations that would impose specific anti-counterfeiting obligations on defense contractors....more

DOD's Proposed Counterfeit Parts Regulations for Contractors Provide Some Answers, But More Questions

Foley & Lardner LLP on 5/21/2013

Coming not long after the issuance of its new internal policy guidance on counterfeit materiel, the U.S. Department of Defense (DOD) published on May 16, 2013 its first set of proposed regulations that would impose specific...more

Compliance Week Quotes Proskauer’s Concerns and Guidance Regarding NDAA Whistleblower Provisions

Proskauer - Whistleblowing & Retaliation on 1/30/2013

In a recent Compliance Week article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which...more

NDAA Imposes New Requirements and Restrictions for Defense Contractors

McCarter & English, LLP on 1/28/2013

How will the FY 2013 National Defense Authorization Act impact your business as a government contractor? The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more

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