News & Analysis as of

Department of Defense (DOD)

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

NAS Publishes Interim Report On Synthetic Biology

by Bergeson & Campbell, P.C. on

On August 21, 2017, the National Academies of Sciences, Engineering, and Medicine (NAS) released their interim report titled A Proposed Framework for Identifying Potential Biodefense Vulnerabilities Posed by Synthetic...more

Government Agency Action Accelerates on Drone Operations

by Cozen O'Connor on

This edition of the Cozen O’Connor Drone Report discusses FAA’s statement on the success of Part 107 (its regulations governing commercial uses of small drones), the status of drone-related rulemakings, DOD’s guidance on...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 25

by Clark Hill PLC on

House and Senate Overwhelmingly Passed Legislation that Included a Short-Term Continuing Resolution, Lift of the Debt Ceiling, and Emergency Aid: The bill includes over $15 billion in disaster assistance for Hurricane Harvey...more

Congressional Preview - Fall 2017

Summer isn’t quite over yet, but the August recess is coming to an end and Congress returns next week to resume work on a number of outstanding issues, as the Trump Administration continues to aggressively implement the...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 24

by Clark Hill PLC on

Hurricane Harvey Could be the Most Expensive Natural Disaster in US History: Republican House members from Texas and Louisiana are pressing congressional leaders and top Trump administration officials for immediate federal...more

Agencies Request Public Comment On Collection Of Biobased Procurements Data

On August 28, 2017, the U.S. Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued in the Federal Register a notice of request for public...more

Harvey's Impact on U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request - Process Cumbersome for Storm-Related Waivers,...

by Holland & Knight LLP on

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 23

by Clark Hill PLC on

CBO Confirms Size of Breach of Defense Cap for FY18 Bills: The House FY18 Omnibus Appropriations Bill scheduled to be taken up in September would bust the Defense cap by $72 billion. This would cause the Office of Management...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 22

by Clark Hill PLC on

House Rules Committee Posts Text of Spending Bills, Striking DACA Provision: House Rules Committee posts text for eight appropriations bills, striking language in the fi­nancial services spending bill allowing participants in...more

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

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