News & Analysis as of

DFARS

Top cybersecurity developments in 2017 for ADG companies

by Hogan Lovells on

While all companies should be concerned with their cybersecurity posture, companies in the aerospace, defense, and government services (ADG) industry are potentially subject to greater risks due to the industry's highly...more

DFARS: Safeguarding Covered Defense Information and Cyber Incident Reporting

by Reed Smith on

Data protection and cybersecurity have been receiving ever-increasing attention within the U.S. federal government. Last October, the DoD issued two final rules that changed the U.S. Department of Defense (“DoD”) Federal...more

DoD Issues New FAQs on Cybersecurity Compliance

Although DoD remains on the cutting edge of cybersecurity protections in the government contracts world, it continues to hone and refine that edge. Recently, DoD issued an updated frequently asked questions (FAQ) page for...more

Government Contracts Legislative and Regulatory Update - January 2017

by Dentons on

Our January edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of December....more

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights. Congress did...more

Switches and Sweets: Belsnickel Brings Defense Contractors and Subcontractors New Cybersecurity Controls in Preholiday Revisions...

by McCarter & English, LLP on

If you are aware of German Christmas folklore (and really, who isn’t?), you know that Belsnickel is a legendary companion of St. Nick who carries a switch with which to punish naughty children and a pocketful of sweets to...more

LPTA Out, Fixed Price Contracts In

by Bass, Berry & Sims PLC on

The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts...more

Weekly Update Newsletter - December 2016 #4

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Payment of Subcontractors - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule...more

DoD issues class deviation to roll-back IR&D technical interchange requirements

by Dentons on

On December 1, 2016, the Office of the Under Secretary of Defense Acquisition, Technology and Logistics issued a class deviation for the Department of Defense’s (DoD) November 4, 2016, final rule, “Enhancing the Effectiveness...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

by McCarter & English, LLP on

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

DFARS and DIB: Compliance Steps for DoD’s Newly Finalized Cybersecurity Rules for Contractors

by Orrick - Trust Anchor on

For businesses that work with the U.S. Department of Defense (“DoD”), two important rules for safeguarding certain categories of sensitive information and reporting cyber incidents were recently finalized, updating the...more

Proposed Rule For Independent Research & Development (“IR&D”) Costs Raises Concerns

On November 4, 2016, the Department of Defense (“DOD”) issued a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to require DOD Contracting Officers to adjust offerors’ proposed...more

Proposed IR&D DFARS rule would competitively punish technology innovators

by Dentons on

Understanding that it will punish innovative contractors for engaging in independent research and development (IR&D) and taking on risks that would otherwise be borne by the government, on November 4, 2016, the US Department...more

DoD takes first step in removing the “I” from IR&D

by Dentons on

On November 4, 2016, the US Department of Defense (DoD) will publish a final rule that amends the Federal Acquisition Regulation Supplement (DFARS) to effectively render independent research and development (IR&D) costs...more

Department of Defense Issues Final Rule on Network Penetration Reporting and Contracting for Cloud Services

by Davis Wright Tremaine LLP on

Last week, the Department of Defense adopted as final, with several changes, its interim rule amending the DFARS on “Network Penetration Reporting and Contracting for Cloud Services.” The changes went into effect...more

Department of Defense (DoD) Issues Final Rule on Safeguarding Covered Defense Information and Related Information Security...

On October 21, 2016, the Department of Defense (“DoD”) issued a final rule (the “final rule”) codifying the specific actions DoD contractors and subcontractors must take to adequately safeguard “covered defense information”...more

DoD Finalizes Cybersecurity and Cloud Computing Rule

by Holland & Knight LLP on

On October 21, 2016, the Department of Defense (DoD) issued a final rule following-up on the interim rules it had issued on August 26 and December 30, 2015, regarding safeguarding contractor networks and purchasing cloud...more

Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys

by PilieroMazza PLLC on

This article is the third installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were; then about technical data and how to protect it; and now we will discuss ownership, license...more

Weekly Update Newsletter - October 2016 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Implementing Category Management for Common Goods and Services - The Office of Federal Procurement Policy (“OFPP”) in the Office of Management and Budget (“OMB”) has proposed the issuance of a...more

Developments in DoD’s Treatment of Commercial Item Assertions

by McCarter & English, LLP on

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

Weekly Update Newsletter - September 2016 #4

by PilieroMazza PLLC on

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

by Holland & Knight LLP on

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

Weekly Update Newsletter - September 2016

by PilieroMazza PLLC on

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

Government Contracts Legislative and Regulatory Update - August 2016

by Dentons on

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

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Cybersecurity

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