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Military Government Contracting

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Surprise, Surprise, Congress Does Listen — Well, Kind Of - An Analysis of NDAA Section 846’s Online Marketplace Provisions

An Analysis of NDAA Section 846’s Online Marketplace Provisions - There has been a lot of speculation about the future of commercial items purchasing within the federal Government since Representative Mac Thornberry...more

For Government Contractors: Unsigned Claim Certification Is an Incurable Defect

In September, the Armed Services Board of Contract Appeals (ASBCA) addressed the certification requirements under the Contract Disputes Act (CDA). A motion to dismiss by the U.S. Government prompted the ASBCA to consider...more

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

DoD Issues Guidance for Compliance with Cybersecurity Regulations

by Holland & Knight LLP on

• In recently released guidance, the U.S. Department of Defense (DoD) confirms a "one size does not fit all" approach to contractor compliance with its cybersecurity clauses that cover the safeguarding of contractor networks,...more

DoD Contractor’s DFARS Cybersecurity Deadline

At this time last year, the Department of Defense issued a Defense Federal Acquisition Regulation Supplement (DFARS) intended to better protect controlled data and national security networks from cybersecurity threats....more

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs

by Hogan Lovells on

Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by...more

DOL Clarifies VETS-4212 Filing and Data Collection Periods

by Ballard Spahr LLP on

With August comes federal contractors' obligation to file the annual VETS-4212 report—which collects information on contractors' employees who are protected veterans—based on a snapshot of their workforce taken between July 1...more

Revised EEO-1 Report – Where Does it Stand?

by Littler on

In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966, employers with 100 or more employees that are subject to Title VII have been required to annually file...more

VETS-4212 Report: 2017 Filing Cycle starts August 1, 2017

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Today marks the first day that Federal contractors subject to reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA or “the Act”) may file their VETS-4212 reports. ...more

What Is “Fair Compensation” Following Termination for Convenience by the Government?

The Armed Services Board of Contract Appeals (ASBCA) recently tackled a contractor’s claim for pre-construction costs following termination for convenience by the U.S. Army Corps of Engineers. In Pro-Built Construction Firm...more

What a New ‘Space Corps’ Military Branch Could Mean for Government Contractors

by Reed Smith on

The House and Senate Armed Services Committees recently completed their respective markups of the 2018 National Defense Authorization Act (NDAA). The House version requires the Pentagon to establish the “U.S. Space Corps” –...more

Proposals are Only as Strong as their Weakest Link: GAO Affirms Non-responsiblity Determination Based on Subcontractor’s Lack of...

by Bass, Berry & Sims PLC on

The GAO recently denied Leidos Innovations Corporation’s protest of a determination that Leidos was ineligible to receive a $272 million award by the U.S. Army despite Leidos having both the highest-rated technical proposal...more

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more

Change Is Upon Us: An Analysis of the Section 801 COTS Provisions of the 2018 NDAA

In the words of Taylor Swift, “This is a new year. A new beginning. And things will change.” While I suspect Ms. Swift was not writing about Section 801 of the National Defense Authorization Act of 2018 when she tweeted this...more

House Armed Services Committee Takes Aim at GSA with Proposed Legislation

On May 18, 2017, House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.” The bill drastically would change how commercial off-the-shelf...more

Fourth Circuit Decision Reiterates That Filling Employee’s Position During Leave And Re-Assigning Employee To A Different But...

by Seyfarth Shaw LLP on

Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent,...more

Fourth Circuit Re-Affirms Sufficiency of Triple Canopy Complaint

by Bass, Berry & Sims PLC on

U.S. ex rel. Badr v. Triple Canopy, Inc., an intervened case arising out of the Fourth Circuit, has been one of the more closely-watched recent FCA cases. Previously, the Fourth Circuit held that the government’s complaint...more

NISPOM Change 2 Deadlines Coming for Cleared Contractors

by Hogan Lovells on

As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

Defense Department Inspector General Issues Summary of Audits Assessing Contractor Performance

by Holland & Knight LLP on

The Department of Defense Inspector General (DoDIG) recently published audit report DoDIG-2017-081 entitled, "Summary of Audits on Assessing Contractor Performance: Additional Guidance and System Enhancements Needed." This...more

Insider Threat Program Awareness Training Deadline - Cybersecurity and Privacy Team Alert

In May 2016, the Under Secretary of Defense for Intelligence issued a requirement for cleared government contractors to establish an “insider threat program” (ITP) to better protect national security networks from...more

Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board

Section 820 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) establishes a new Defense Cost Accounting Standards Board (“D-CASB”) to oversee the application of the Cost Accounting Standards (“CAS”) to...more

Top unmanned aircraft systems developments in 2017 for ADG companies

by Hogan Lovells on

Aerospace, defense, and government services (ADG) companies are not new to game-changing technology innovations. It is therefore no surprise that a number of ADG companies are early investors in unmanned aircraft systems...more

Top trade secret developments in 2017 for ADG companies

by Hogan Lovells on

Trade secrets form one of the most valuable assets of technology companies. The protection of trade secrets is widely seen as essential to foster innovation and economic growth. This past year, both the United States (U.S.)...more

Top M&A developments in 2017 for ADG companies

by Hogan Lovells on

We expect 2017 M&A activity in the aerospace, defense, and government services (ADG) industry sector to equal or surpass 2016 M&A activity. Although 2016 M&A activity was down both by volume and value over 2015 it was...more

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