Department of Defense (DOD)

News & Analysis as of

Department Of Defense Issues Final Cyber Incident Reporting Rule

On October 4, 2016, the Department of Defense (“DoD”) published a final rule implementing mandatory cyber incident reporting requirements for DoD contractors and subcontractors. The rule, which is effective as of November 3,...more

Federal Contractors Be Aware: Rule on Tax Delinquencies and Felony Convictions Finalized

The U.S. government finalized on Sept. 30, 2016, regulations amending the Federal Acquisition Regulation (FAR) that will affect an estimated 350,000 federal contractors. These new regulations were promulgated as a result of...more

Expiration of GAO’s Jurisdiction of Civilian Agency Task Order Protests Limits Government Contractor Options

As of October 1, the U.S. Government Accountability Office’s (“GAO”) jurisdiction over protests on civilian agency task orders valued at more than $10 million expired, leaving government contractors with limited grounds for...more

DoD Updates Cyber Incident Reporting Rule

On October 4, 2016, a final rule implementing statutory requirements for Department of Defense (DoD) contractors and subcontractors to report cyber incidents that result in an actual or potentially adverse effect on a covered...more

Developments in DoD’s Treatment of Commercial Item Assertions

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

DOJ Charges Defense Contractor with Removal and Retention of Classified Materials

The Department of Justice (DOJ) yesterday announced that it has charged a Maryland man, Harold Thomas Martin III with theft of government property and unauthorized removal and retention of classified materials by a government...more

CFPB and FFIEC Release Updated MLA Exam Procedures; NCAU Will Accept Reasonable and Good Faith Efforts to Comply

On September 30, the CFPB released updated examination procedures for Military Lending Act (MLA) compliance. Compliance with the final rule amending the MLA, issued by the Department of Defense (DoD) in July 2015, was...more

Hundreds to Thousands of Fort Carson Military Personnel Records Discovered on Dirt Road

At least hundreds, potentially thousands of files containing personal information were discovered by News 5 in Fountain Colorado along a dirt road, originating from Fort Carson. The files contained names, Social Security...more

The FAR Councils Drop 10 FAR Amendments in End-of-Fiscal-Year Blitz

On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more

Weekly Update Newsletter - September 2016 #4

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

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

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

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 Publishes Guidance on MLA Amendments

With the July 2015 amendments to the Military Lending Act (MLA) set to take effect on October 3, the Department of Defense (DoD) published an interpretive rule to help financial institutions achieve compliance with the...more

A Closer Look at DOD’s New Guidance on the Military Lending Act Regulations

On August 26, 2016, the Department of Defense (“DOD”) issued an interpretive rule (the “Interpretive Rule”) providing guidance on the DOD’s regulations implementing the Military Lending Act (“MLA”). That same day, we...more

Weekly Update Newsletter - September 2016

GOVERNMENT CONTRACTS - Pilot Program for Streamlining Awards for Innovative Technology Projects - DOD is proposing to amend the DFARS to implement Section 873 of the National Defense Authorization Act for Fiscal...more

DoD issues MLA interpretive rule

The Department of Defense (DoD) has issued an interpretive rule to assist the industry in complying with its July 2015 final rule amending the Military Lending Act’s implementing regulation. The much-anticipated guidance was...more

Under Construction - September 2016

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

Government Contracts Legislative and Regulatory Update - August 2016

We are pleased to offer you the inaugural issue of our newsletter, "Government Contracts Legislative and Regulatory Update." Our aim is to keep you up-to-date on legislative and regulatory ?changes relevant to government...more

Trade groups seek extension of compliance date for Military Lending Act final rule

The American Bankers Association, joined by six other prominent industry trade groups, is seeking a six-month extension of the date by which depository institutions must comply with the Military Lending Act (MLA) final rule...more

Holly Petraeus to retire from CFPB

According to Politico, Holly Petraeus, Assistant Director of the CFPB’s Office of Servicemember Affairs, will be retiring from the CFPB. During her tenure at the CFPB, the protection of military servicemembers and their...more

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Department of Defense Issues New Guidance on Military Lending Act Regulations

On August 26, 2016, the Department of Defense (DOD) issued an interpretive rule providing guidance on the DOD’s regulations implementing the Military Lending Act (MLA). Specifically, the interpretive rule aims to clarify...more

Insider Threat Programs – A New Challenge for Cleared Contractor

On May 18, 2016, the Department of Defense issued Conforming Change 2 of the “National Industrial Security Operating Manual” (“NISPOM”). NISPOM Change 2 requires all U.S. government contractors who require access to U.S....more

Agencies Release Final Rule on “Fair Pay and Safe Workplaces” Executive Order

On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal...more

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