News & Analysis as of

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 -

Client Alert: Iran Sanctions Return

1. All sanctions on Iran that were in place before January 2016 will be re-imposed no later than November, 4 2018. 2. Secondary sanctions that penalize non-U.S. persons doing business with Iran will be reinstated. 3....more

Government Contracts Legislative and Regulatory Update - May 2018

by Dentons on

Our May edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of April....more

US Announces Withdrawal from JCPOA

Today, President Trump announced his intention to withdraw the United States from the Joint Comprehensive Plan of Action (JCPOA) and to impose the “highest level of economic sanctions” on Iran. The Office of Foreign Assets...more

FAR Council Publishes Rule on Raised Threshold for Task and Delivery Order Protests

by Holland & Knight LLP on

On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and...more

The Section 809 Panel's Recommendations on Bid Protests May Cause Major Headaches for Contractors

by PilieroMazza PLLC on

In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to streamline and improve the Department of...more

“Portal of Portals” – GSA’s (Unwritten) Vision for COTS E-Commerce Marketplaces

Last month, the General Services Administration (“GSA”) and the Office of Management and Budget released their Phase 1 Implementation Plan (the “Plan”) for Section 846 of the National Defense Authorization Act (“NDAA”) of...more

New Rules for Filing Protests at GAO and New DFARS Debriefing Requirements

GAO’s New Electronic Protest Docketing System - GAO finally has unveiled its long-awaited Electronic Protest Docketing System (“EPDS”). Effective May 1, 2018, all new protests (excluding those containing classified...more

SBA Seeks Information on Proposed Subcontractor Past Performance Pilot Program

by Holland & Knight LLP on

Past performance information is a key indicator of an offeror’s ability to successfully perform a contract and is required to be considered by agencies when making most types of contract awards. Many small businesses,...more

DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan

Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel. New...more

DoD thresholds for cost and pricing data poised to increase to $2M, reducing contractor risks of defective pricing and CAS...

by Dentons on

In just over two months, the dollar threshold triggering the requirement for certified cost and pricing data under Federal Acquisition Regulation (“FAR”) 15.403-4 and application of the Cost Accounting Standards (“CAS”)...more

New DoD Class Deviation Tackles Micro-purchase and Simplified Acquisition Thresholds

by Holland & Knight LLP on

On April 13, 2018, The Department of Defense (DoD) issued Class Deviation 2018-O00013, which consolidates and supersedes two prior class deviations that increased the micro-purchase and simplified acquisition thresholds and...more

Weekly Update Newsletter - April 2018

by PilieroMazza PLLC on

DEPARTMENT OF LABOR - US Department of Labor reinstates Wage and Hour opinion letters - The U.S. Department of Labor will reinstate the issuance of opinion letters, U.S. Secretary of Labor Alexander Acosta announced on...more

Government Contracts Legislative and Regulatory Updates - April 2018

by Dentons on

Our April edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of March....more

Contracting with DoD: Enhanced Debriefings Are Here!

by Jones Day on

In our February 2018 Alert, Jones Day explained that the 2018 National Defense Authorization Act ("NDAA") contained a requirement that the Secretary of Defense implement new rules for enhanced debriefings for certain types of...more

DOD Implements First Steps Toward Enhanced Debriefings

by Perkins Coie on

As competitors in federal negotiated procurements recognize, post-award debriefings are an important feature of the procurement process. Federal Acquisition Regulation (FAR) 15.506 has long mandated that an unsuccessful...more

New DOD Class Deviation Changes Debriefing Process

by Blank Rome LLP on

The United States Department of Defense (“DOD”) has amended the process for debriefings required under Federal Acquisition Regulation (“FAR”) 15.506 to allow for offeror questions related to the debriefing. Offerors are...more

DoD Issues Class Deviation to Implement Enhanced Postaward Debriefing Requirements from FY 2018 NDAA

by PilieroMazza PLLC on

On Thursday, March 22, the Department of Defense (“DoD”) issued a Federal Acquisition Regulation (“FAR”) class deviation in light of the enhanced postaward debriefing rights required by Section 818 of the National Defense...more

Changes to HUBZone Ownership Requirements

The SBA issued a final rule on March 26, 2018, implementing changes flowing from the National Defense Authorization Act of 2018 (“NDAA 2018”). The rule takes effect on May 25, 2018. One of the major changes relates to the...more

DOD Extends Post-Award Debriefing Rights

On March 22, 2018 the Department of Defense (“DoD”) issued a memorandum that augments FAR 15.506 “Postaward debriefing of offerors”, at least as relates to unsuccessful offerors. Arising out of a requirement in the 2018...more

DoD Announces Enhanced Debriefing (and Extension to Deadline for Securing CICA Stay)

The traditional debriefing process, by which unsuccessful offerors can obtain information on the basis of the Government’s selection and contract award, was just improved to the benefit of contractors. Under the revised...more

The Future of COTS Procurement: The Proposed Section 846 Business Models

On March 16, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) released their Phase 1 Implementation Plan (the “Plan”) for “Procurement Through E-Commerce Portals” as directed...more

Weekly Update Newsletter - March 2018 #4

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - FAR Class Deviation for Enhanced Debriefings - The Department of Defense (DoD) issued a FAR class deviation last Thursday for enhanced debriefings in light of Section 818 of the FY2018 NDAA (NDAA...more

Defenders of the Debriefing

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

DoD Takes Steps to Implement Enhanced Debriefings As Required by NDAA

by Holland & Knight LLP on

The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights. Specifically, Shay Assad, Director...more

Cybersecurity Enforcement and Regulation - 2017 In Review

by Moore & Van Allen PLLC on

Cyber attacks continue to be a pervasive and destructive threat to all institutions and the legal and regulatory landscape currently in place to address those threats continues be reshaped in an effort to address those...more

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Cybersecurity

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