2017, We Hardly Knew You: A Look Ahead to 2018

by Holland & Knight LLP

Holland & Knight LLP

Taking over as editors of Holland & Knight’s Government Contracts Blog has been a labor, but it has been a labor of love. Like the rest of the Government Contracts Team, we are passionate about staying on top of the latest trends and exploring where the industry is headed. Thank you for reading and we wish you a productive and successful 2018. –Mary Beth and Eric

As 2017 comes to a close and we look forward to 2018, we reflect on an unprecedented year in the government contracts industry. From a new administration to threatened shutdowns and new cybersecurity requirements, there was plenty to study and write about. Each of the following issues will inform critical decision-making as we head into 2018.

New Cybersecurity Requirements

As we previously discussed in our blog, the new DFARS clause imposing cybersecurity requirements on DoD contractors must be complied with by December 31, 2017. Among other things, the new requirements include a security plan, compliance with NIST 800-171, and a 72 response if there is a cybersecurity breach.

Early in 2018, our blog will feature multiple posts analyzing the new DFARS provision and will include insight from cybersecurity professionals.

Further Developments with the False Claims Act Post-Escobar

The direction of the False Claims Act is always changing and that’s more true than ever post-Escobar. Our blog has featured numerous posts from our Government Contracts and White Collar Defense and Investigations teams. They include:

As events warrant, we will be posting additional blogs regarding the False Claims Act and related issues.

New E-Commerce Buying Platform

Congressman Thornberry shook the government contracts industry when he released a proposed bill that would have created a new e-commerce platform. The platform eventually made its way into the 2018 NDAA, but it will now have a phased-in approach that will preserve a lot of the regulatory requirements government contractors must currently meet.

Changes Ahead for the Government Contracting Industry in the 2018 NDAA

Once implemented by regulations, the 2018 NDAA will dramatically change the way contractors do business. We posted a series of blogs examining the 2018 NDAA. They include changes to bid protests, the new e-commerce platform, further restrictions on the use of LPTA, the new mandate to use private accounting firms to perform incurred cost audits, procurement fraud reporting, acquisition workforce improvements, and the treatment of intellectual property.

Stay tuned for additional blog posts on these topics when the proposed regulations are released that will implement these statutes.

Labor Challenges Remain for Contractors

Despite the end of the Blacklisting Rule, labor challenges remain for government contractors, including sick leave requirements implemented during the Obama administration. New split wage determinations add to potential compliance headaches.

A Look Ahead to 2018

Emerging technology will play a growing and significant role in the government contracts industry. Soon after the new year, we will post a blog entry regarding the potential impact of blockchain on the government contracts industry. Also, after an abnormally long period of dormancy, we should expect regulatory activity to pick-up. Regulations implementing various statutes (including one regarding the use of LPTA) are on-deck. Perhaps the long-awaited regulations regarding Organizational Conflicts of Interest will finally drop?

In addition, government funding expires in January and the United States is expected to hit its debt limit in the spring. Each of these disruptive events poses unique challenges to the government contracts industry and, as noted above, contractors should start preparing now.

Finally, as mentioned above, the new cybersecurity regulations sweeping across the government contracts industry will have a profound impact on how all contractors treat data. We will be posting a series of blogs relating to this issue (looking at it from various angles) in the first quarter of 2018 utilizing the combined resources of our Government Contracts and Cybersecurity and Privacy practices.

Thank you for reading and we look forward to exploring thought-provoking issues in 2018 that we hope will be worthy of your time.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Holland & Knight LLP | Attorney Advertising

Written by:

Holland & Knight LLP

Holland & Knight LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.