Department of Defense (DOD)

News & Analysis as of

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

U.S. Army ERDC Conducting Survey to Inform Risk Management Tool for Developing Nano-Enabled Products and Nanomaterials

The U.S. Army Engineer Research and Development Center (ERDC) is developing a web-enabled information and screening tool intended to help small businesses integrating or developing nanoscale materials address uncertainty...more

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VIII – Foreign...

Not every potential buyer is a U.S. corporation controlled by U.S. interests. It is important, both for the buyer and the seller, to understand the implications of foreign ownership, control, or influence (“FOCI”) on the...more

Weekly Update Newsletter - August 2016 #2

GOVERNMENT CONTRACTS - Procurement of Commercial Items DOD is proposing to amend the DFARS to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item...more

Maine Receives $7.7 Million To Spur Economic Development, Including Bioeconomy Growth

On July 29, 2016, the U.S. Department of Commerce's Economic Develop Administration (EDA) announced $4.4 million in grants to diversify and grow Maine's economy. This funding is intended to provide immediate assistance to...more

Latest DoD Counterfeit Parts Rule Narrows the Supply Chain for Contractors

On, August 2, 2016, the U.S. Department of Defense (DoD) issued a Final Rule aimed at detecting and avoiding counterfeit electronic parts in the DoD supply chain. The Final Rule – the latest in a series of recent rules aimed...more

Weekly Update Newsletter - August 2016

SMALL BUSINESS ADMINISTRATION - Small Business Mentor-Protégé Programs - The SBA is amending its regulations to the HUBZone Program. The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own...more

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

Reforma de las impugnaciones a licitaciones de la Oficina de Fiscalización del Gobierno (GAO) de EE. UU.

Los debates en Washington D.C. sobre gastos asociados con las impugnaciones a licitaciones relacionadas con la defense estimulan nuevas leyes que podrían reducir los intentos de la protesta. La Oficina de Fiscalización del...more

White Paper Describes Nanotechnology-Inspired Grand Challenge for Future Computing

The White House Office of Science and Technology Policy (OSTP) announced on July 29, 2016, that federal agencies released a white paper describing the collective federal vision for the emerging and innovative solutions needed...more

ITAR For Government Contractors: Revised For Recent Amendments

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 regulated...more

GAO Bid Protest Reform

Debates in Washington over expenditures associated with military-related bid protests are fueling new legislation that could curtail protest efforts. The Government Accountability Office (GAO) handles bid protests filed by...more

Drones – Is the Maritime Industry Ready?

Unmanned aerial systems (UAS), or “drones” in common parlance, are not a part of the historical maritime vocabulary. At least not yet. While the term “drones” may conjure images from science fiction, the reality is that...more

Courts and Patent Litigants Continue to Wrestle With Scope of Supreme Court’s Alice Test

The U.S. Supreme Court's 2014 Alice ruling – which established that abstract ideas implemented on a computer are not patent-eligible – has fostered significant confusion regarding what exactly can and cannot be patented. A...more

Inside DOD's Reasonable Approach To Data Rights Rule

On June 16, 2016, the U.S. Department of Defense issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012. Industry and practitioners alike have awaited this proposal...more

Defense Database for Military Status of Borrower Still a Work in Progress

Lenders and servicers seeking to comply with the Servicemembers’ Civil Relief Act (SCRA) who depend on the commonly used Defense Manpower Data Center (DMDC) database have a little more comfort now on the accuracy of their...more

Weekly Update Newsletter - July 2016

SMALL BUSINESS ADMINISTRATION - Affiliation for Business Loan Programs and Surety Bond Guarantee Program This final rule amends the regulations pertaining to the determination of size eligibility based on affiliation...more

FedRAMP Accelerates the Process for Federal Contractors to Obtain Cloud Service Provider Authorizations and DoD Revises its Cloud...

Cloud computing is ubiquitous in the federal market place. Many federal contractors either provide cloud computing services to the government or use cloud computing services when performing a federal contract. For cloud...more

In Case You Missed It: Launch Links - June 2016

Some interesting links we found across the web this week: Congressional Panel To Investigate The Fairness Of Pay TV Billing, Competitive Practices - There was plenty of startup news out of DC this week, starting...more

Federal Healthcare Contractors Must Comply With Basic Information Security Safeguards

In light of the uncertainty generated in the healthcare industry by recent decisions of the OFCCP regarding which entities qualify as federal contractors and subcontractors, this article explains which types of healthcare...more

Washington, D.C. Update – June 2016

With the national party conventions less than eight weeks away, the House and Senate continue to push forward on Fiscal Year 2017 (FY17) appropriations legislation (despite possible floor obstacles detailed below) and other...more

DSS Issues NISPOM Revisions Requiring Cleared Contractors to Create Inside Threat Programs

On May 18, 2016, the Defense Security Service (DSS) issued a much anticipated Change 2 to DoD-5220.22-M, known as the National Industrial Security Program Operating Manual (NISPOM). Change 2 requires all contractors that hold...more

DoD, GSA, NASA: New Contract Proposal Registration Rule

Friday morning, May 20, 2016, the Department of Defense, the General Services Administration, and NASA issued a proposed rule to clarify that prospective government contractors must register with the System for Award...more

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