Department of Defense (DOD)

News & Analysis as of

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

Q&A: Robert Metzger – Cybersecurity, DOD and Regulation

In this Q&A, CREATe CEO Pamela Passman asks questions of Robert Metzger about the latest trends and challenges in protecting sensitive Department of Defense information. Metzger recently reviewed and commented on CREATe’s...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

Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

DoD Proposes Cost Allowability Rule for Correcting Counterfeit Electronic Parts

The Department of Defense (“DoD”) recently proposed to make specified costs allowable that are associated with discovering and correcting counterfeit or suspect counterfeit electronic parts. DoD’s proposed rule would amend...more

DOD Expands Cyber Security Rules for Defense Contractors

Action Item: Through a new version of its Cyber Security Clause, the Department of Defense (“DOD”) is directing defense contractors to extend their cyber defense and reporting requirements beyond their recognizable supply...more

Insurance Broker Had No Duty to Inform Security Company Insured of Change in Exclusion Language for Alarm Systems

Schlossberg v. B.F. Saul Insurance Agency of MD, Inc., Case No. GJH-13-3076 USDC (Dist. of Maryland, Southern Div.) December 8, 2015 - Plaintiff was the bankruptcy trustee for DTM, a company that provided security guards...more

Aerospace & Defense Series: Implications of the FTC / DOJ Statement on Preserving Competition in the Defense Industry

In Depth - On April 12, 2016, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) issued a joint statement to explain their “standard of review under the antitrust statutes of proposed transactions...more

Unusual Antitrust Agencies’ Guidance on Defense Mergers

The Department of Justice (Justice) and the Federal Trade Commission (FTC) today issued an unusual joint statement that highlighted their continued commitment to preserve defense industry competition by closely reviewing...more

Trade groups seek clarifications to Military Lending Act regulations

A number of prominent industry trade groups have written to the Department of Defense (DoD) seeking clarifications to the Military Lending Act (MLA) final rule adopted in July 2015 that dramatically expanded the scope of the...more

Weekly Update Newsletter - April 2016

SMALL BUSINESS - Clauses With Alternates—Small Business Programs - The Department of Defense (DOD) issued a final rule amending DFARS to clarify clauses and their prescriptions for small business programs and to...more

Increased Suspensions and Debarments Bring Challenges for Small Business Contractors

Newly released Department of Defense statistics show that the number of suspension and debarment actions initiated by defense agencies continue to rise, in some cases significantly. For example, in fiscal year 2015, the...more

Privacy & Cybersecurity Update - March 2016

In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more

U.S. Air Force Testing BioBased Vehicle Oil Created From Canola Seed, Soybean, And Synthetic Petroleum

On March 22, 2016, a team visited Malmstrom Air Force Base to test a new biobased synthetic oil in the base's vehicles. The testing is sponsored by the Defense Logistics Agency (DLA) and the Office of the Secretary of...more

DoD Reveals its Cybersecurity Discipline Implementation Plan (or How 1940s War Department VD Training Can Help Your 21st Century...

“If our country is to successfully defend our right to live the American way, it needs every one of you, and requires you in the best possible condition. Any [company] who willfully, or through neglect fails to maintain...more

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