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Federal Procurement Systems National Defense Authorization Act

Fenwick & West LLP

Update on the BioSecure Act

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The BioSecure Act is a bipartisan bill introduced in both the U.S. House of Representatives and Senate earlier this year that would effectively stop companies that are doing business with the U.S. government from using...more

Bass, Berry & Sims PLC

New Rule Seeks to Streamline DoD Commercial Product and Service Procurements

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On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more

Holland & Knight LLP

Silicon Valley Meets Washington, D.C.: DOD's CSO Authority Is Here to Stay

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The U.S. Department of Defense (DOD) has finalized a proposed rule authorizing the acquisition of commercial products and services using general solicitation competitive procedures known as a "commercial solutions opening"...more

Wiley Rein LLP

Defense Department’s Updated Procurement Process Allows Quicker Access to Private Sector AI Products

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[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.] Artificial Intelligence (AI) seems to be infiltrating...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - June 2023

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. President Signs Fiscal Responsibility Act Suspending Debt Ceiling: The...more

Venable LLP

Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors

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On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would...more

WilmerHale

Defense Contractors Will Face Higher Risks as Spending Increases

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Ongoing geopolitical developments such as Russia’s war in Ukraine and tensions between China and Taiwan have continued to fuel higher US military spending. The demand for military weapons is the strongest it has been in...more

Venable LLP

New FAR Provision and Pending Supreme Court Case Highlight Lack of Clear Rules on Communications Between Government and Industry...

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Several years after initially proposing the rule and receiving feedback from federal contractors and a prominent government contracting scholar, the Federal Acquisition Regulatory Council recently released a final rule...more

PilieroMazza PLLC

Congress Passes FY2023 NDAA and Implements Significant Changes to Federal Procurement Policy

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Congress recently passed the FY2023 National Defense Authorization Act (NDAA), authorizing $858 billion in defense spending and implementing some significant changes to federal procurement policy. The bill will now be sent to...more

Venable LLP

Congress Approves Defense Authorization for FY2023 - And With It, Dozens of Changes for Government Contractors

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With little room left on the calendar, this week Congress passed, and sent to President Biden’s desk, the National Defense Authorization Act (“NDAA”) for Fiscal Year 2023. As we previewed in an earlier alert, Congress...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

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GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more

Venable LLP

Through FY2023 Defense Authorization Bills, Congress Looks to Tighten Federal Procurement Sourcing Requirements and Accelerate...

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Congress returned this week from the Thanksgiving holiday to face a full agenda and a short runway to "keep the lights on" in the federal government. In late September, President Biden signed a continuing resolution that...more

Bradley Arant Boult Cummings LLP

DOD Issues Guidance for ESOP Pilot Program

On November 8, 2022, the Department of Defense (DOD) issued a memorandum that provides details on a pilot program that allows government contractors owned 100% by an S-corporation employee stock ownership plan (ESOP) to...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

PilieroMazza PLLC

ESOPs Have Opportunity to Shape DOD Pilot Program on Sole Source Follow-On Contracts

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In late 2021, the National Defense Authorization Act for Fiscal Year 2022 (FY 2022 NDAA) included a first-of-its-kind provision that authorized a pilot program through which businesses that are owned 100% by an employee stock...more

K&L Gates LLP

DOD Finalizes "Enhanced Debriefing" Rule for Federal Procurements

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A new regulation outlines U.S. Department of Defense (DOD) contractors' rights to an "enhanced debriefing" in certain procurements. On 18 March 2022, the DOD published a final rule to implement Section 818 of the National...more

Sheppard Mullin Richter & Hampton LLP

So Your Proposal Lost – Now What? Understanding Debriefings

Debriefings provide disappointed offerors an invaluable opportunity to hear from agencies directly as to why contract award decisions came out the way they did. Debriefings can also extend the deadlines to file a timely...more

Kaufman & Canoles

ESOP Client Alert – Game Changer: 100% ESOP-Owned Government Contractors Eligible for Sole Source Awards on Follow-On Contracts

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Employee stock ownership plan (ESOP) owned government contractors received a holiday gift last week when President Biden, on December 27, 2021, signed the National Defense Authorization Act (the “NDAA”)....more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

Holland & Knight LLP

GAO Clarifies Stance on Joint Ventures and Facility Clearances

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In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

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In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Nutter McClennen & Fish LLP

The Corporate Transparency Act: FinCEN to Collect Beneficial Ownership Information

The Corporate Transparency Act (“CTA”) was enacted as part of the Anti-Money Laundering Act of 2020. The purpose of the CTA is to deter anonymous owners of corporations, limited liability companies, and other entities from...more

Miller Canfield

New Corporate Transparency Act Will Impose Beneficial Ownership Reporting Requirements on Many Companies, Particularly Small...

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The Corporate Transparency Act (CTA), part of the 2021 National Defense Authorization Act enacted into law on January 1, 2021, will impose new beneficial ownership reporting requirements on many companies. The stated purposes...more

Woods Rogers

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

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Procuring agencies have wide latitude in developing requirements for their solicitations.  When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification...more

Wiley Rein LLP

Looking Ahead: Federal Procurement Under The Biden Administration

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When the Biden Administration begins, the government contracting community may be wondering whether the change in administration and party in the White House will lead to significant changes to federal procurement. Although...more

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