News & Analysis as of September 25, 2024

Subcontractors

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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 -

New Year, (Potentially) New Definition for “Subcontract”

Sheppard Mullin Richter & Hampton LLP on 12/20/2023

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...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

DoD Mentor-Protégé Program Solidified under Proposed Rule

McCarter & English Blog: Government Contracts... on 11/10/2023

On October 25, 2023, the Department of Defense (DoD) published a Proposed Rule amending the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and permanently authorizing the DoD Mentor-Protégé Program...more

Department of Defense Issues Interim Rule Requiring Disclosure of Chinese Workforce and Facilities

Wiley Rein LLP on 8/31/2022

WHAT: The Department of Defense (DoD) issued an interim rule requiring certain Defense contractors and subcontractors to disclose the use of workers and facilities in People’s Republic of China (PRC)....more

SBA Expands Past Performance Universe for Small Businesses

Bradley Arant Boult Cummings LLP on 7/26/2022

The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime...more

FAR Council Publishes Three Final Rules Aimed at Boosting Small Business Contracting

Holland & Knight LLP on 8/13/2021

The Federal Acquisition Regulatory (FAR) Council published three final rules on Aug. 11, 2021, amending the FAR to implement changes mandated by various National Defense Authorization Acts (NDAAs) and to homogenize the FAR...more

DoD Requires Data Reporting for Certain Service Contracts Exceeding $3 Million

Pillsbury Winthrop Shaw Pittman LLP on 8/3/2021

The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts. Requirement applies to contracts...more

Initial Thoughts On The 2021 NDAA’s Procurement Provisions

Morrison & Foerster LLP - Government... on 12/15/2020

Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more

Government Contracts Regulatory and Legislative Update - May/June 2019

Faegre Drinker Biddle & Reath LLP on 7/16/2019

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

2019 NDAA Analysis: Enhancing IDIQs and Other Provisions

Holland & Knight LLP on 5/15/2019

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

Weekly Update Newsletter - September 2018 #2

PilieroMazza PLLC on 9/25/2018

SMALL BUSINESS ADMINISTRATION - House Small Business Committee Calls for a Status Update on FAR Revision of Limitations on Subcontracting. Last week, House Small Business Committee Chairman Steve Chabot and Ranking...more

Is It Time for Commercial Companies to Give DOD a Second Look?

Perkins Coie on 6/25/2018

In the last decade or so, the U.S. Department of Defense (DOD) has been, in the words of the Section 809 Panel, an “unattractive customer to large and small firms with innovative, state-of-the-art solutions.” Among other...more

Developments in DoD’s Treatment of Commercial Item Assertions

McCarter & English, LLP on 10/10/2016

The passage of the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996 saw the dawning of a new era in procurement policy, pursuant to which sweeping changes to the procurement laws and regulations...more

Weekly Update Newsletter - September 2016 #4

PilieroMazza PLLC on 9/30/2016

GOVERNMENT CONTRACTS - Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which will amend the DFARS to implement Section 861 of the NDAA 2016, which provides amendments...more

Cross Your Heart and Hope to Die – New DFARS Clauses Target Counterfeit Electronic Parts

Sheppard Mullin Richter & Hampton LLP on 9/22/2016

On August 2, 2016, the Department of Defense (“DOD”) rolled out new requirements for defense contractors that provide electronic parts and assemblies containing electronic parts. The new rules impose significant risks on DOD...more

DoD Proposes Cost Allowability Rule for Correcting Counterfeit Electronic Parts

Sheppard Mullin Richter & Hampton LLP on 4/26/2016

The Department of Defense (“DoD”) recently proposed to make specified costs allowable that are associated with discovering and correcting counterfeit or suspect counterfeit electronic parts. DoD’s proposed rule would amend...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

Defense Department Issues Interim Rule Requiring Contractor and Subcontractor Reporting of Cyber Incidents

King & Spalding on 8/28/2015

On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in...more

DoD Addresses Cybersecurity Preparedness, Incident Reporting, and Cloud Computing Acquisitions with new DFARS interim rule

Sheppard Mullin Richter & Hampton LLP on 8/27/2015

Announced and effective today, August 26, 2015, DoD has issued an interim rule that significantly expands existing DFARS provisions and clauses requiring contractors and subcontractors to report cyber incidents. The interim...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

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