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Department of Defense (DOD) Proposed Regulation

Paul Hastings LLP

CISA Proposes Sweeping Cybersecurity Incident Reporting for U.S. Companies

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On March 27, 2024, the Cybersecurity & Infrastructure Security Agency (“CISA”) released proposed regulations requiring expansive new cybersecurity incident and ransomware payment reporting across sixteen “critical...more

Constangy, Brooks, Smith & Prophete, LLP

Proposed regs would ban federal contractors from requesting salary information, require job postings to include comp information...

On January 30, the Federal Acquisition Regulation Council, through its constituent agencies (the U.S. Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of...more

Bass, Berry & Sims PLC

Cyber Incident Reporting May Be “Material” for Federal Contractors

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Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration...more

Schwabe, Williamson & Wyatt PC

DOD Proposes Further FAR Regulations ‎

On January 25, 2021, President Biden issued Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the...more

Schwabe, Williamson & Wyatt PC

Agencies Issue Notice of Proposed Regulations Amending FAR

On October 15, 2020, the U.S. Small Business Administration (SBA) issued a final rule making changes to the SBA’s 8(a) program regulations “to more clearly articulate SBA’s intent with regard to certain aspects of the 8(a)...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Requires Contractors to Disclose Greenhouse Gas Emissions and Climate-Related Financial Risk

On November 14, 2022, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule that would amend the Federal Acquisition...more

Stinson - Government Contracting Matters

National Defense Authorization Act for Fiscal Year 2023 Bill Passes House and Moves to Senate Where Amendments Are Being Proposed

Fiscal Year 2023 started on October 1 and, without a final set of Department of Defense (DoD) authorizations and appropriations, the DoD currently is operating under continuing resolution.  A version of the National Defense...more

Williams Mullen

Proposed Regulations Would Focus on "High Risk" Commercial Remote Sensing Satellites

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The National Oceanic and Atmospheric Administration (NOAA) has published proposed regulations (the “Proposed Regulations”) in connection with its efforts to streamline the process for obtaining a license to operate a...more

Sheppard Mullin Richter & Hampton LLP

The Military Health Care Fraud and Abuse Prevention Program: The Department of Defense Issues Proposed Regulations regarding...

The U.S. Department of Defense (“DOD”) claims that fraud and abuse is inhibiting the ability of the Defense Health Agency (“DHA”), the agency responsible for administering TRICARE, to support and deliver “integrated,...more

Perkins Coie

DOD Proposed Rule Limits the Use of LPTA

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The U.S. Department of Defense (DOD) proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) on December 4, 2018, to limit the use of lowest price technically acceptable (LPTA) procurements. The...more

Holland & Knight LLP

New Proposed Regulations Limit the Use of LPTA

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The overuse of the Lowest Price Technically Acceptable (LPTA) source selection process (see FAR 15.101-2(a)) has drawn criticism from both industry and government over the last few years. While LPTA offers a streamlined...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Would Create a Separate, More Restrictive Standard for “Adequate Price Competition” for the DoD, NASA, and the Coast...

On June 12, 2018, the Department of Defense (“DoD”), the General Services Administration, and NASA proposed a new rule that would limit the “adequate price competition” exception to certified cost or pricing data requirements...more

Holland & Knight LLP

2018 NDAA Analysis: The Noose Further Tightens on LPTA

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This is the third blog post in a series of blogs analyzing the 2018 National Defense Authorization Act (NDAA), which has been passed by both houses of Congress and is awaiting the President’s signature. Stay tuned for new...more

Akin Gump Strauss Hauer & Feld LLP

DoD’s Proposed Rule Would Create Additional Risk and Burdens for Contractors Handling Export-Controlled Information

The Proposed Rule creates a procedure for DoD to release unclassified technical data subject to EAR and ITAR to “qualified contractors,” which are defined to mean qualified U.S. and Canadian contractors. The Proposed Rule...more

Proskauer - Government Contractor Compliance...

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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP

DoD Seeks Public Comments Before Issuing a Proposed Rule on IR&D Costs

The Department of Defense intends to issue a proposed rule to ensure that substantial future independent research and development (“IR&D” or “IRAD”) expenses, which can be used as a means to reduce bid prices in competitive...more

PilieroMazza PLLC

Weekly Update Newsletter - October 2015 #3

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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

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

WilmerHale

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

WilmerHale on

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

Dorsey & Whitney LLP

Defense Department Proposes to Expand Applicability of Electronic-Counterfeit-Parts Regulations; Tens of Thousands of Contractors...

Dorsey & Whitney LLP on

It has long been a goal of the Federal government to eliminate counterfeit parts—parts of unknown (and likely false) origin and uncertain reliability—from the procurement supply chain. But these efforts have picked up pace...more

PilieroMazza PLLC

Weekly Update Newsletter - August 2015 #2

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GOVERNMENT CONTRACTS - DOD Issues Report Entitled Defense Contracts: DOD’s Request for Information from Contractors to Assess Prices - The Department of Defense (DOD) has issued a report entitled Defense Contracts:...more

PilieroMazza PLLC

Weekly Update Newsletter - August 2015

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GOVERNMENT CONTRACTS - President Obama Drafts Executive Order Establishing Paid Sick Leave for Contractors - President Obama has drafted an Executive Order (E.O.) that would force any company that contracts with the...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2015 #2

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GOVERNMENT CONTRACTS - Contractor Past Performance Assessment Report–3rd Quarter Fiscal Year 2015 - The Office of Federal Procurement Policy (OFPP) issued the contractor past performance assessment reporting for the...more

Fisher Phillips

Federal Contractors To Be Burdened With Additional Disclosure Requirements If Government Has Its Say

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The U.S. Labor Department (DOL) and three federal agencies (the Department of Defense, the General Services Administration and NASA) recently issued two proposed documents relating to the implementation of Executive Order...more

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