News & Analysis as of

National Defense Authorization Act Department of Defense (DOD)

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 -

Senate Proposes Major Overhaul to the GAO Bid Protest Process

by Blank Rome LLP on

On September 18, 2017, the Senate passed its version of the 2018 National Defense Authorization Act (“NDAA”). The proposed bill, which heads into conference with the House to resolve the competing bills, will implement...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 27

by Clark Hill PLC on

Senate Again Delays Action on Remaining Appropriations Bill: The Senate has yet to schedule any mark-ups for next week for its remaining four appropriations bills (Clark Hill Insight). Senate Reaches Deal on Budget...more

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

2018 NDAA Could Raise the Stakes for Companies Filing Bid Protests on DoD Contracts

by PilieroMazza PLLC on

The U.S. Senate has proposed a provision in the 2018 National Defense Authorization Act that, if adopted, would raise the stakes for larger firms in filing bid protests. The provision would apply to protests against DoD...more

Senate’s Bid Protest Reforms a Step Backwards for Transparency

by Reed Smith on

On July 10, 2017, the U.S. Senate placed the FY 2018 National Defense Authorization Act on its Legislative Calendar. This action means the historically must-pass legislation is now ready for amendment and debate. Just as it...more

House Bill Would Reduce Use of LPTA in All Agencies’ Procurement

by PilieroMazza PLLC on

A recent bill before the U.S. House of Representatives seeks to limit the use of the lowest price technically available (“LPTA”) source selection process in procurements. H.R. 3019, which was introduced on June 22, 2017,...more

Change Is Upon Us: An Analysis of the Section 801 COTS Provisions of the 2018 NDAA

In the words of Taylor Swift, “This is a new year. A new beginning. And things will change.” While I suspect Ms. Swift was not writing about Section 801 of the National Defense Authorization Act of 2018 when she tweeted this...more

Defense Department Inspector General Issues Summary of Audits Assessing Contractor Performance

by Holland & Knight LLP on

The Department of Defense Inspector General (DoDIG) recently published audit report DoDIG-2017-081 entitled, "Summary of Audits on Assessing Contractor Performance: Additional Guidance and System Enhancements Needed." This...more

GAO Review Calls for Greater Oversight of DoD’s “Pilot” Mentor-Protégé Program

by Bass, Berry & Sims PLC on

Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense...more

Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board

Section 820 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) establishes a new Defense Cost Accounting Standards Board (“D-CASB”) to oversee the application of the Cost Accounting Standards (“CAS”) to...more

GAO Declines to Apply GAO Civilian Task and Delivery Order Protest Authority Act Retroactively to Lapse in Jurisdiction

In two recent opinions, the Government Accountability Office (“GAO”) has declined to reconsider protests it dismissed during the recent lapse in its jurisdiction over protests of civilian agency task and delivery orders...more

The Top 10 Government Contracting Compliance Headaches in 2017

by Holland & Knight LLP on

In the government contracting industry, compliance related issues tend to take place. With administration and party changes, 2017 promises to offer additional complexities. Confusion amongst government contracting...more

Timing is Everything – GAO Refuses to Apply Jurisdiction Retroactively

by Bass, Berry & Sims PLC on

As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to hear most civilian agency task order protests (its jurisdiction over protest...more

Weekly Update Newsletter - March 2017 #2

by PilieroMazza PLLC on

“Senate Narrowly Passes Repeal of Obama Fair Pay, Safe Workplace Rule.” Government Executive, March 6, 2017. Retrieved from http://www.govexec.com. - The Senate narrowly approved, by a vote of 49-48, a House-passed...more

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

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

ML Strategies 2017 Outlook: Defense

Over the course of the next year, we are likely to see a new approach to the U.S. national security decision-making apparatus. While the Obama Administration often relied on an inner circle of key advisors to inform defense...more

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights. Congress did...more

LPTA Out, Fixed Price Contracts In

by Bass, Berry & Sims PLC on

The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts...more

Task and Delivery Order Bid Protests Are Back in Business at the GAO

by McCarter & English, LLP on

New Legislation Reinstates GAO’s Civilian Task Order Protest Jurisdiction, but the 2017 NDAA Will Up the Threshold for Non-Civilian Agency Task Order Procurements...more

Jurisdictional Changes for Bid Protests

Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more

UPDATE: Civilian Task Order Protest Jurisdiction Already Restored, DoD Task Order Threshold Likely to Increase Soon

by Bass, Berry & Sims PLC on

As we reported on December 14, 2016, on December 8, the Senate passed the National Defense Authorization Act (NDAA) of 2017, which calls for changes to the Government Accountability Office’s (GAO) jurisdiction over civilian...more

New Statutes Impact Bid Protests of Task Order Awards

Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

by Bass, Berry & Sims PLC on

On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Government Contracts Legislative and Regulatory Update - December 2016

by Dentons on

We are pleased to bring you the December edition of “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during the month of November. Highlights this month include...more

Weekly Update Newsletter - December 2016

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - FAR Amendment Proposal to Implement Section of NDAA 2016 - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration...more

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