Department of Defense

News & Analysis as of

Employment Law Navigator – Week in Review: November 30, 2015

Last week, a LinkedIn job posting caught the eye of The Huffington Post because it included the following language: “The position is for a receptionist, so female candidates are preferred.” This is exactly the type of...more

Seeking Net Benefits: President Obama Issues New Federal Policy on Addressing and Mitigating Environmental Harm Early in the...

On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more

Africa Update - November 2015 #3

Leading the News - Egypt: On November 12th, officials at the U.S. National Transportation Safety Board (NTSB) and the Federal Bureau of Investigation (FBI) noted while they had offered assistance to both Egyptian...more

Defense Authorization Bill Addresses DCAA Audit Backlog

The proposed Section 893, in pertinent part, states that “[e]ffective on the date of the enactment of this Act, the Defense Contract Audit Agency may not provide audit support for non-Defense Agencies unless the Secretary of...more

Africa Update - November 2015 #2

Leading the News: Egypt - On November 5th, U.S. President Barack Obama expressed his belief it was possible there was a bomb on board the Russian passenger jet that went down in Egypt’s Sinai Peninsula last week....more

An Overbroad Confidentiality Agreement Could Cost Your Company a DoD Contract, or Worse

Action Item: Defense contractors should promptly examine their personnel policies and employee confidentiality agreements to avoid a serious risk created by a new DoD Contract Clause and Certification. If a contractor’s...more

Alert: Department of Defense Finalizes Cybersecurity Rule Impacting IT Contractors

On October 30, 2015, the Department of Defense ("DoD") issued a new rule, Requirements Relating to Supply Chain Risk, requiring its agencies to evaluate cybersecurity risks when considering contractors who provide Information...more

Africa Update - November 2015

Leading the News - Egypt: On October 31st, a Russian jet carrying 217 passengers and seven crew members crashed in Egypt’s Sinai Peninsula, killing all people on board. While the cause of the crash was not...more

Expanding Cybersecurity Safeguarding Requirements, Reporting Obligations, and Cloud-Based Security: A Brief Guide to Understanding...

The United States Department of Defense promulgated an “interim” rule, effective August 26, 2015, which placed imposing and costly burdens on all DoD contractors and subcontractors (including small businesses and commercial...more

Offer Expired: The FAR’s 30-Day Offer Expiration Rule Applicable to Commercial Items

The language of FAR 52.212-1(c) states that an “offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to...more

Africa Update - October 2015 #4

Leading the News - Tanzania: On October 25th, voters in Tanzania went to the polls to vote for a candidate to replace outgoing President Jakaya Kikwete, who was unable to run for a third term under the country’s...more

Weekly Update Newsletter - October 2015 #3

GOVERNMENT CONTRACTS - Evaluating Reasonableness of Price for Commercial Items - The Department of Defense (DOD) issued a proposed rule on August 3, 2015 to amend the Defense Federal Acquisition Regulation...more

New DoD Cybersecurity Rule and How Contractors Can Reduce Their Risks

The Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases...more

Counterfeit Parts Rule: Do You Know Where Your Parts Came From?

You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the...more

Africa Update - October 2015 #3

On October 17th, members of the United Nations (U.N.) Security Council urged all Libyan parties to endorse and sign the recently finalized political agreement for the creation of a Government of National Accord. The Security...more

More Cybersecurity Rules

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and...more

Department of Defense Spending Decreases, But Other Agencies Buck the Trend

Fiscal year (FY) 2014 saw a continued decrease in the Department of Defense (DoD) spending. In FY 2014, DoD spent $418 billion on payroll and contracts, which roughly equals 2.4% of the U.S. GDP. Recall that in 2013,...more

Alert: New Department of Defense Regulations Mandate the Reporting of Cyber Incidents

The Department of Defense (DoD) has published regulations that require DoD contractors to report cyber incidents impacting unclassified DoD contractor systems. The new regulations mandate compliance with elements of the...more

Analysis of Close Proximity Issues in Transactions Reviewed by CFIUS

A US business’ close proximity to facilities or areas considered sensitive by the US Government can raise concerns when the Committee on Foreign Investment in the United States (CFIUS) is evaluating the potential national...more

Africa Update - October 2015 #2

Leading the News - Libya: On October 8th, The Washington Post provided an update on the Islamic State of Iraq and the Levant’s (ISIL) activities in Sirte, Libya. Since taking hold of Sirte earlier this year, ISIL...more

More DOD business systems withholds likely

The Department of Defense Inspector General (DOD-IG) recently issued an audit report identifying extensive deficiencies in the Defense Contract Management Agency’s (DCMA) business system review processes. The DOD-IG’s October...more

Jumping To Judgment on For-Profit Education

If you didn’t know any better, you might have gotten pretty fiery over for-profit education after reading one of the front page stories of Tuesday’s New York Times. The lengthy article titled “For-Profit Colleges Fail...more

Africa Update - October 2015

Leading the News - Burkina Faso: On October 1st, authorities in Burkina Faso said General Gilbert Diendere, the leader behind a recent coup attempt in the country, was in the custody of security forces. According to...more

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

CFPB Releases Outline of Proposals to Block Pre-Dispute Arbitration Agreements in Class Litigation

On October 7, 2015, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) released an outline of proposals under consideration to ban class action waivers in contracts for consumer financial products and services....more

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