Department of Defense (DOD)

News & Analysis as of

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

Senate Armed Services Committee Releases 2017 NDAA Bill with Big Changes for GAO Protest Costs

On May 12, 2016, the U.S. Senate Armed Services Committee (“SASC”) completed its markup of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2017. Several of the SASC’s changes to the NDAA address the costs of...more

A New Cybersecurity Regime and a New Regulation to Mandate Secure Information Systems for Government Contractors

Congress has enacted a recent wave of legislation to address ongoing cybersecurity threats; the Executive Branch, on May 12, 2016, adopted new cybersecurity regulations; and other Federal initiatives are underway and will...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

FAR Information System Security Standards Rules Finalized

The U.S. federal government announced on May 16, 2016, new Federal Acquisition Regulation (FAR) rules that set high-level standards for the basic safeguarding of contractor information systems that process, store or transmit...more

A lighter touch — Final FAR rule issued on safeguarding contractor information systems

On Monday, May 16, 2016, the FAR Council is expected to issue its long- awaited final FAR rule ("the Final Rule") on safeguarding contractor information systems. This rule, effective immediately, creates a new contract...more

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements...more

Final Government Contractor Basic Data Security Rule Issued

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

CORPORATE PPAs Market Trends and Opportunities

Corporations have dramatically increased their purchases of renewable energy in recent years. This trend has shifted the traditional power purchase market away from reliance upon utilities, and presents a tremendous growth...more

It’s Arrived! FAR Final Rule Addressing “Basic Safeguarding of Contractor Information Systems”

After nearly four years of planning and comments, DoD, GSA, and NASA issued a final rule today amending the Federal Acquisition Regulations (“FAR”) with a new Subpart 4-19 and a new contract clause 52.204-21 addressing the...more

Weekly Update Newsletter - May 2016

GOVERNMENT CONTRACTS - DFARS: Multiyear Contract Requirements - DOD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the National Defense Authorization Act...more

In Case You Missed It: Launch Links - May 2016 #2

Some interesting links we found across the web this week: - Pentagon Turns to Silicon Valley for Edge in Artificial Intelligence - Tech companies and law enforcement do not always get along, but the military is...more

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From...

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance...more

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