NDAA, Acquisitions

Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

Bracewell LLP on 3/26/2024

Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the...more

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

Perkins Coie on 12/27/2023

The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

New Rule Seeks to Streamline DoD Commercial Product and Service Procurements

Bass, Berry & Sims PLC on 12/22/2023

On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more

Other Transaction Agreement: A Flexible Tool for Government Acquisitions

Whitcomb Selinsky, PC on 4/20/2023

In recent decades, the focus and pace of innovation in leading technology areas have shifted from the Government to the commercial sector. In 2000, the private sector accounted for 69.4 percent of U.S. research and...more

The FY 2023 National Defense Authorization Act: Key Provisions Relevant to Defense Contractors

Perkins Coie on 12/30/2022

Inflation relief for defense contractors, a ban on procurement of products and services containing certain Chinese semiconductors, and codification of the Federal Risk and Authorization Management Program (FedRAMP) governing...more

The FY 2022 National Defense Authorization Act: Key Provisions for Government Contractors

Perkins Coie on 12/23/2021

Cybersecurity, artificial intelligence, and nontraditional approaches to procurement are once again areas of legislative focus for Congress in the recently passed Fiscal Year 2022 National Defense Authorization Act (NDAA),...more

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

PilieroMazza PLLC on 9/7/2021

In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

PilieroMazza PLLC on 8/31/2021

In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Significant U.S. Small Business Administration Regulatory Changes Take Effect November 16, 2020

Holland & Knight LLP on 11/3/2020

The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more

Clarity, Sweet Clarity—Proposed Rule Will Revise The FAR Definition Of “Commercial Item”

McCarter & English Blog: Government Contracts... on 11/2/2020

On October 15, the FAR Council issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.” As explained below, the Proposed Rule will eliminate the current FAR definition of “commercial...more

Introduction to United States Space Force Acquisitions

Davis Wright Tremaine LLP on 4/29/2020

After becoming law in December 2019, the National Defense Authorization Act (NDAA) for Fiscal Year 2020 formally established the Space Force as the newest branch of the U.S. military. But a military branch is not created by...more

Weekly Update Newsletter - February 2020 #2

PilieroMazza PLLC on 3/2/2020

Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 - In its role as advocate to small businesses operating in the government contracting...more

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

Stinson - Government Contracting Matters on 11/20/2019

When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more

Slow and Steady Doesn’t Always Win The (Acquisition) Race: The CODER Act Aims To Transform DoD Software Acquisition

McCarter & English Blog: Government Contracts... on 9/25/2019

As the frequency and sophistication of existential threats to national security over the past decade have drastically increased, the United States’ reliance on software to identify threats, rapidly share information, and...more

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

Morrison & Foerster LLP - Government... on 8/12/2019

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more

2019 NDAA Analysis: Enhancing IDIQs and Other Provisions

Holland & Knight LLP on 5/15/2019

Over the past several months, this blog has analyzed several key provisions of the Fiscal Year 2019 National Defense Authorization Act (NDAA) that impact government contractors. This post briefly summarizes a variety of other...more

ADG Insights: U.S. government's increased efforts in supply chain integrity - Supply Chain Series, Volume 1

Hogan Lovells on 8/31/2018

Through ADG Insights, we share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients...more

Six Recent Government Supply Chain Risk and Cybersecurity Initiatives

Akin Gump Strauss Hauer & Feld LLP on 8/22/2018

• DoD and other government agencies will scrutinize contractors’ supply chain security plans and programs from proposal submission to contract closeout. • The 2019 NDAA as approved by Congress and DHS initiatives highlight...more

Foreign Investment and Export Control Reform Update (Part 1 of Series)

Foley Hoag LLP on 8/22/2018

The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA”), signed into law by President Trump on August 13, 2018, brings together several key Congressional efforts to update and reform U.S. controls...more

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

Pillsbury Winthrop Shaw Pittman LLP on 8/8/2018

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

Private equity funds, venture capital funds, hedge funds, and other investment funds receive carve-outs from expanded CFIUS...

Hogan Lovells on 8/6/2018

The Foreign Investment Risk Review Modernization Act (FIRRMA), included in the reconciled Conference Report of the FY19 National Defense Authorization Act, substantially expands the jurisdiction of the Committee on Foreign...more

National Defense Authorization Act › Acquisitions