Department of Defense Defense Contracts

News & Analysis as of

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

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

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

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

Defense Contractors – Under the DOD’s Interim Rule, It Is Time Once Again To Update Your Data Breach Response Plans

In an interim final rule published on October 2, another layer has been added to the compliance landscape for defense contractors. In addition to complying with breach notification requirements in as many as 47 different...more

DoD Issues White Paper Aimed at IR&D Costs

On August 26, 2015, the Department of Defense (“DOD”) issued a White Paper announcing that, beginning in FY 2017, all defense contractors will be required to notify DOD before undertaking any new Independent Research and...more

Defense Department Issues Interim Rule Requiring Contractor and Subcontractor Reporting of Cyber Incidents

On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in...more

Weekly Update Newsletter - January 2015 #3

GOVERNMENT CONTRACTS - DoD Issues Proposed Rule to Amend DFARS Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR) (DFARS Case 2014-D015) - The Department of Defense (DoD) issued a...more

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

Gaps in New DOD Counterfeit Parts Rules Raise Compliance Questions for Contractors

The U.S. Department of Defense (DOD) published, on May 6, 2014, its first set of final regulations imposing specific obligations on defense contractors and their suppliers for the detection and avoidance of counterfeit...more

Distress in the Defense Industry: Opportunities and Obstacles

The U.S. defense industry is facing a new battle – financial distress. Withdrawal of U.S. forces from Afghanistan and Iraq combined with reductions in the defense budget and sequestration have taken a toll on many U.S....more

Defense Department Issues Final Rule Requiring Safeguards For Unclassified Technical Information And Cyber Incident Reporting

On November 18, 2013, the Department of Defense (DOD) published a Final Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS). The new rule, which is effective immediately, is likely to have broad...more

New DoD Rule Promotes Voluntary Sharing of Cyber-Security Threat Information Between DoD and Defense Contractors

On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more

Cybersecurity Provisions Enacted under 2013 National Defense Authorization Act

On January 2, 2013, President Obama signed the 2013 National Defense Authorization Act for 2013 (NDAA) into law. Each year Congress passes the NDAA to authorize funding levels for Department of Defense (DoD) programs and...more

DoD’s “Better Buying Power 2.0:” More Flexibility in Contract Formation

A recently issued memorandum from the Department of Defense (“DoD”) promises changes to the formation and administration of defense contracts. This could be good news for contractors....more

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