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Continuing Developments on the Supply Chain Front

Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto: Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the...more

GSA Removes All But DoD-Approved Drones from MAS Contracts

In a move that has been expected for some time, the General Services Administration (GSA) announced on January 12, 2021 that it will remove all drones (as defined by 49 U.S.C. Ch. 448) from Multiple Award Schedule (MAS)...more

Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle

Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more

Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations

In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal...more

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more

Senate and House Make Progress in Passing the National Defense Authorization Act for Fiscal Year 2021

A  recent article on this blog reported on the contents of the Senate version of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), which had been rolled out of committee for consideration by the full Senate....more

DoD Issues Class Deviation and Guidance to Implement CARES Act Relief for DoD Contractors under Section 3610

Section 3610 of the CARES Act provides for funding to aid government contractors whose employees or subcontractors “cannot perform work on a site that has been approved by the federal government, including federally-owned or...more

Everybody’s Crying National Security, Just as Long as There’s Business First

The title of this article is based on a line in an old song, “Everybody’s Crying Mercy,” by Mose Allison. As modified, the couplet captures the cognitive dissonance that many are feeling as a result of the federal...more

Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA

On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for...more

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