News & Analysis as of

Department of Defense (DOD)

Ninth Circuit: Employer’s Good Faith Reliance on HR Director is Not a Defense for Any I-9 Form Compliance Violations – Civil...

On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions of the United States Code related to an employer’s statutory...more

Defense Dept. rejects trade group’s request for extension of Oct. 3 MLA compliance date for credit cards

by Ballard Spahr LLP on

The Department of Defense (DoD) is reported to have rejected the request of the National Association of Federally-Insured Credit Unions (NAFCU) to extend the October 3, 2017 date for credit card compliance with the Military...more

ITAR For Government Contractors - Revised For Recent Amendments

by Williams Mullen on

Introduction. One of the most important areas of regulation for defense contractors is the International Traffic In Arms Regulations (ITAR). ITAR are the State Department controls that regulate the defense industry. Companies...more

DoD's Efforts to Secure Information on Contractor Systems Continues, But All Companies Are at Risk and Should Take Steps Now to...

by Bass, Berry & Sims PLC on

As recent malware, ransomware and distributed denial of service attacks have made clear, the cyber threats posed to governments and commercial entities are real and growing. Critical infrastructure such as power plants,...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

House Bill Seeks LPTA Reform; Focus On Best Value Procurements

by Fox Rothschild LLP on

For government contractors frustrated by Federal agencies’ use of Lowest-Price Technically-Acceptable solicitations on complex services contracts – help may be on the way. As I’ve discussed before, LPTA procurements can...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

DoD IG Report Highlights Flaws in DLA Compliance with Buy American Act and Berry Amendment

by Bass, Berry & Sims PLC on

A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry...more

Defense Secretary Delays Start Date For Military’s Allowance of Transgender Recruits

by Bowditch & Dewey on

U.S. Defense Secretary James Mattis announced on June 30 that the Pentagon has approved a six-month delay of the start date for allowing transgender recruits to enlist in the military. In 2016, former Defense Secretary Ash...more

Countdown Begins for Cybersecurity Compliance

by BakerHostetler on

This month marks an important waypoint for defense contractors subject to the new cybersecurity requirements imposed by the Department of Defense. For contractors subject to the requirements of Defense Federal Acquisition...more

Department of Defense and Federal Energy Procurement Programs Remain Attractive

by Holland & Knight LLP on

The Trump Administration promotes an "all of the above" energy strategy, but many of the Administration's actions to date seem to favor coal and fossil fuels at the expense of clean and innovative energy solutions. Although...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

Weekly Update Newsletter - June 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Ignite Tour Blazes Across the Country.” Small Business Administration Press Release, June 21, 2017. Retrieved from sba.gov. - Administrator Linda McMahon announced that she will...more

The Department of Defense Emphasizes Heightened Cybersecurity Compliance at Industry Information Day Event

by Holland & Knight LLP on

We had the opportunity to attend Department of Defense’s (DoD) Industry Information Day on Friday, June 23, at the Mark Center Auditorium in Alexandria, Virginia. DoD’s Chief Information Officer published advance notice of...more

DoD Seeks Industry Input on DFARS Buying Reform

by Holland & Knight LLP on

The Department of Defense (DoD) is asking contractors to help identify solicitation provisions and Defense Federal Acquisition Regulation Supplement (DFARS) clauses that impose unnecessary regulatory burdens. DoD has invited...more

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS...more

Propoposed Bill Would Significantly Expand MLA Disclosure Requirements

by Ballard Spahr LLP on

We recently reported on a bill introduced in the House of Representatives by Congressman Dan Kildee (D-Michigan) that would amend the Military Lending Act (“MLA”) to require that creditors provide additional disclosures to...more

Thornberry Acquisition Reform Bill Contemplates DoD’s Use of Online Marketplaces to Purchase COTS Products

by Holland & Knight LLP on

Imagine if a DoD agency could purchase commercial-off-the-shelf products of any value simply by placing an order at an Amazon-like website – no need for solicitations, quotes, evaluation, or detailed price analysis and...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Energy Innovation and President Trump's 2018 Budget Proposal - A Comprehensive Outlook for Key Grant and Loan Programs

by Holland & Knight LLP on

President Donald Trump released on May 23, 2017, his budget proposal for fiscal year (FY) 2018, which closely mirrors his America First: A Budget Blueprint to Make America Great Again – also known as the "skinny budget"...more

What’s that Cybersecurity FAR Clause Doing In My Contract?

by PilieroMazza PLLC on

Many contractors we talk to believe that cybersecurity requirements are exclusively a concern of contractors working with DoD or with highly-classified, top secret projects. While perhaps true to some degree in the past, that...more

House Armed Services Committee Takes Aim at GSA with Proposed Legislation

On May 18, 2017, House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.” The bill drastically would change how commercial off-the-shelf...more

Trump Administration Releases Fiscal Year 2018 Budget Proposal

by Baker Donelson on

On Tuesday, May 23, the White House released the President's fiscal year 2018 (FY18) budget, launching a contentious and consequential debate that is expected to last through the end of the fiscal year and possibly beyond....more

CFPB’s Office of Servicemember Affairs Issues Annual Report

by Ballard Spahr LLP on

The CFPB’s Office of Servicemember Affairs (OSA) has issued its fifth annual report to Congress addressing issues raised and complaints submitted by servicemembers, veterans, and their families....more

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Cybersecurity

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