News & Analysis as of September 24, 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

FY 2024 Defense Act: GHG Emissions, Subcontracting, and AI Considerations for US Government Contractors

Morgan Lewis on 1/2/2024

US President Joseph Biden recently signed the National Defense Authorization Act for Fiscal Year 2024 into law. Implications for government contractors range from new restrictions on greenhouse gas emissions certifications to...more

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

Important NDAA Provisions for Contractors and Their Supply Chains

Wiley Rein LLP on 12/19/2023

On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...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

FAR Council Issues Final Rule on Accelerated Payments to Small Businesses

Bradley Arant Boult Cummings LLP on 2/16/2023

The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more

Inflation Relief on Its Way for Government Contractors?

Bass, Berry & Sims PLC on 12/20/2022

Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate...more

Inflation Relief Is Coming for DOD Contractors

PilieroMazza PLLC on 12/9/2022

As PilieroMazza has reported, rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General...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

New Legislation Benefiting 100% ESOP-Owned Defense Contractors

Levenfeld Pearlstein, LLC on 1/13/2022

For over 20 years, Congress has provided powerful incentives for S corporations to sponsor employee stock ownership plans (“ESOPs”) through the tax code provisions that exempt all of the income of a 100% ESOP-owned S...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

Here To Remind You Of The Key Provisions Of The Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

McCarter & English Blog: Government Contracts... on 1/26/2021

Each year, Congress presents us in Title VIII of the National Defense Authorization Act (NDAA) a potpourri of procurement reforms, changes, and additions. Some are effective immediately, while some are bound for rulemaking...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

Section 889(a)(1)(B): Five Things to Know About the Interim Rule and a Roadmap for Compliance

Akin Gump Strauss Hauer & Feld LLP on 8/5/2020

- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020. - On July 14, 2020,...more

Weekly Update Newsletter - September 2019

PilieroMazza PLLC on 9/5/2019

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - Small Business Administration – SBA issued a rule extending the 504 Loan Program Rural Initiative Pilot Program (504 Rural Pilot) through September 30, 2021. The 504 Rural...more

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

Morrison & Foerster LLP - Government... on 8/12/2019

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...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

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

Holland & Knight LLP on 7/1/2019

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

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 - March 2019 #5

PilieroMazza PLLC on 4/1/2019

GOVERNMENT CONTRACTING - The Office of the Under Secretary of Defense released a class deviation, effective immediately, that implements section 1006 of the National Defense Authorization Act for Fiscal Year 2019. The...more

2019 NDAA Analysis: Changes Affecting Small Businesses and the SBIR Program

Holland & Knight LLP on 1/23/2019

This is the first blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on August 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more

Department of Defense Issues FAR Deviation for Limitations on Subcontracting

Cohen Seglias Pallas Greenhall & Furman PC on 12/27/2018

On December 3, 2018, the Department of Defense (DoD) issued a deviation from the FAR’s self-performance requirements, which applies to subcontracting limitations on contracts set aside for small businesses....more

Weekly Update Newsletter - December 2018 #3

PilieroMazza PLLC on 12/17/2018

GOVERNMENT CONTRACTING - A former National Aeronautics and Space Administration (NASA) Facility Chief pleaded guilty to receiving illegal gratuities. Steven Eric Kremer, a former Chief of the Range and Mission Management...more

DoD Issues a Limitations on Subcontracting Class Deviation; FAR Revisions Proposed

Holland & Knight LLP on 12/6/2018

More than five years after Congress directed the Executive Branch to change the way small business contract performance requirements are calculated, the U.S. Department of Defense (DoD) and the Federal Acquisition Regulation...more

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