National Defense Authorization Act

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
News & Analysis as of

Proposed 2017 NDAA is a Mixed Bag for Government Contractors

Last month, we reported that the Government Accountability Office’s (“GAO”) statutory authority to hear bid protests on civilian task orders exceeding $10 million had expired, leading to a parade of dismissed protests and...more

Weekly Update Newsletter - December 2016

GOVERNMENT CONTRACTS - FAR Amendment Proposal to Implement Section of NDAA 2016 - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration...more

GAO Loses Jurisdiction Over Task Order Protests Valued at More Than $10 Million

Government contractors hoping to challenge a civilian agency’s award of a task or delivery order may be out of luck, at least temporarily. Prior to September 30, 2016, the Government Accountability Office (“GAO”) had...more

The Global Magnitsky Human Rights Accountability Act: Sanctions Tool for Promoting U.S. Human Rights Agenda

Overview - After months of closed-door discussions, Congress this week released the text of the negotiated National Defense Reauthorization Act (“NDAA”) for appropriating defense funds in fiscal year 2017. Tucked deep...more

NDAA to Reinstate GAO Task Order Jurisdiction

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds. The right of federal contractors to protest agencies'...more

Legislative Opportunities for Tribal Governments Under the Trump Administration

With the advent of a Republican-controlled White House and Congress, many who work in Washington, D.C., on behalf of Indian tribes may be tempted to adopt a defensive posture. But while it always is important to defend tribal...more

Post-Election Congress Returns for Lame Duck Session What to Expect? - Updated

Last week, ML Strategies shared our thoughts on what to expect in the post-election lame duck Congress. The unknown factor at that point in time was who would be elected President on November 8th, which party would be in the...more

Proposed IR&D DFARS rule would competitively punish technology innovators

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

Post-Election Congress Returns for Lame-Duck Session What to Expect?

Upon its return on November 14, the House is scheduled to be in session for 16 days during November and December, with the Senate scheduled for 20 days. Much of the legislative work of the lame-duck will occur after the...more

Take Note of This Law Regarding Small Business Offerors Under Multiple Award Contracts

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2016, which went into effect on November 25, 2015, contains some requirements regarding multiple award contracts that you might not know about. The 2016 NDAA...more

Expiration of GAO’s Jurisdiction of Civilian Agency Task Order Protests Limits Government Contractor Options

As of October 1, the U.S. Government Accountability Office’s (“GAO”) jurisdiction over protests on civilian agency task orders valued at more than $10 million expired, leaving government contractors with limited grounds for...more

Developments in DoD’s Treatment of Commercial Item Assertions

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

The “American Rule” in Bid Protests

On June 14, 2016, the Senate passed the National Defense Authorization Act for Fiscal Year 2017 (NDAA). The Senate bill would change two important aspects of bid protests filed with the Government Accountability Office...more

Weekly Update Newsletter - September 2016 #4

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

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

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

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

Outlook for Fall & Lame Duck

As summer ends and we look ahead to cooler weather, a historic presidential election, and a legislative and regulatory calendar that has numerous measures ready for activity, ML Strategies is pleased to share our outlook on...more

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

Five Recent Developments In Small Business Contracting Small and Large Government Contractors Should Know

While acquisition reform has garnered a great deal of attention in Congress and the Federal Executive Branch, small business contracting statutes and implementing regulations are significantly altering the federal acquisition...more

White House Announces Release of Final Contractor Blacklisting Rules: Phased Implementation for Prime Contractors and...

The long wait for the so-called “contractor blacklisting” rules is over. According to a fact sheet released by the White House, final regulations and guidance will be released on August 24, 2016 and published in the Federal...more

Weekly Update Newsletter - August 2016 #2

GOVERNMENT CONTRACTS - Procurement of Commercial Items DOD is proposing to amend the DFARS to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item...more

Legal Landscape Special Edition: SBA Rolls Out Major Small Business Changes

Welcome to a special edition of the Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in...more

Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which...more

Weekly Update Newsletter - August 2016

SMALL BUSINESS ADMINISTRATION - Small Business Mentor-Protégé Programs - The SBA is amending its regulations to the HUBZone Program. The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own...more

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