News & Analysis as of September 19, 2024

National Defense Authorization Act › Contractors

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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 -

CMMC 2.0 and FOCI Assessments: Preparing for What Lies Ahead

American Conference Institute (ACI) on 7/18/2024

Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Morrison & Foerster LLP on 5/17/2024

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

Updates on GHG Emissions Disclosure Requirements

Sheppard Mullin Richter & Hampton LLP on 3/28/2024

Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions - Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to...more

SDVOSB Self-Certification Grace Period to Expire: Submit Applications by Dec 31 To Remain Eligible While Applications are Pending

Maynard Nexsen on 12/29/2023

The 2023 clock is winding down, meaning some folks are planning New Year's Eve parties, and others are googling the lyrics to Auld Lang Syne. For service-disabled veteran-owned small businesses ("SDVOSB"), the end of the...more

The 2024 National Defense Act Provisions

Schwabe, Williamson & Wyatt PC on 12/19/2023

The 2024 National Defense Authorization Act passed by the Senate and House this week contains provisions that may have an impact on small business contractors. SEC. 862. PAYMENT OF SUBCONTRACTORS...more

Interim Rule Establishes New Supply Chain Diligence Requirements for Contractors

Pillsbury Winthrop Shaw Pittman LLP on 11/6/2023

A new interim rule aimed at safeguarding the federal supply chain prohibits contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply...more

Inflation Adjustments for Defense Contractors Under Section 822 of the 2023 NDAA

Husch Blackwell LLP on 1/13/2023

Section 822 of the 2023 National Defense Authorization Act, Public Law No. 117-7776 (Dec. 23, 2022) provides new authority for some defense contractors and subcontractors to obtain price increases that address the impacts of...more

Clarification: You Can Recover for Changes Implementing Executive Orders

Bass, Berry & Sims PLC on 12/28/2022

The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle...more

DoD Launches ESOP Pilot: Sole Source Follow-On Contracts Limited to Nine Entities

Maynard Nexsen on 11/29/2022

Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards....more

The Criminal Antitrust Anti-Retaliation Act: Not In It For The Money

Vinson & Elkins LLP on 3/18/2021

The recent Criminal Antitrust Anti-Retaliation Act (CAARA), to be enforced by the Occupational Safety and Health Administration (“OSHA”), offers protection from retaliation for antitrust whistleblowers who come forward to...more

Thermal Cameras May Jeopardize Access to Federal Government Contracts

King & Spalding on 7/16/2020

As the country begins to reopen and states begin to relax stay-at-home orders, companies are trying to ensure the health and safety of their employees and customers. In order to limit exposure to COVID-19, companies are...more

FINAL FAR RULE: Prohibition on Reimbursement for Congressional Investigations and Inquiries

Morrison & Foerster LLP - Government... on 1/27/2017

On January 13, 2017, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a 10 U.S.C. § 2324(k)(2). Under the rule, contractors may not...more

More Cybersecurity Rules

Davis Wright Tremaine LLP on 10/23/2015

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

Holland & Knight LLP on 8/31/2015

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

SBA Proposes Subcontracting Reforms and Other Changes

PilieroMazza PLLC on 2/11/2015

In this presentation: - Hot off the presses: SBA’s proposed rule for the new mentor-protégé program for all small businesses - How the limitations on subcontracting currently work - Changes to the...more

Weekly Update Newsletter - June 2014 #4

PilieroMazza PLLC on 6/30/2014

In this issue; - DoD Issues Proposed Rule to Amend DFARS Defense Contractors Performing Private Security Functions (DFARS Case 2014-D008) - DoD Issues Final Rule to Amend DFARS Private Sector Notification...more

SBA Issues Final Rule Implementing The Small Business Jobs Act Of 2010

Perkins Coie on 10/11/2013

On October 2, 2013, Small Business Administration (SBA) published a final rule to establish and revise rules and procedures pertaining to small business set-asides, partial set-asides, multiple award contracts (MACs), task...more

DOD Updates Contractor Whistleblower Regulations—Increased Enforcement and Litigation on the Horizon

King & Spalding on 10/2/2013

On September 30, 2013, the Department of Defense (DOD) published a potentially significant Interim Rule to amend the Defense Federal Acquisition Regulations (DFARS)—DFARS Case 2013-D010. This rulemaking brings DOD regulations...more

Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect

Proskauer - Government Contractor Compliance... on 7/4/2013

Yesterday a significant expansion of whistleblower protections for employees of federal contractors and subcontractors took effect....more

What is a "Counterfeit" Part? DOD's Definition Might Surprise You

Foley & Lardner LLP on 6/12/2013

The U.S. Department of Defense (DOD) recently published its first set of proposed regulations that would impose specific anti-counterfeiting obligations on defense contractors....more

DOD's Proposed Counterfeit Parts Regulations for Contractors Provide Some Answers, But More Questions

Foley & Lardner LLP on 5/21/2013

Coming not long after the issuance of its new internal policy guidance on counterfeit materiel, the U.S. Department of Defense (DOD) published on May 16, 2013 its first set of proposed regulations that would impose specific...more

New Protections for Government Contractor and Subcontractor Whistleblowers

Morgan Lewis on 3/8/2013

Enhanced rights and protections for whistleblowers under the National Defense Authorization Act take effect on July 1. Beginning July 1, 2013, government contractor whistleblowers will obtain substantial additional...more

Compliance Week Quotes Proskauer’s Concerns and Guidance Regarding NDAA Whistleblower Provisions

Proskauer - Whistleblowing & Retaliation on 1/30/2013

In a recent Compliance Week article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which...more

NDAA Imposes New Requirements and Restrictions for Defense Contractors

McCarter & English, LLP on 1/28/2013

How will the FY 2013 National Defense Authorization Act impact your business as a government contractor? The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

Proskauer - Whistleblowing & Retaliation on 1/9/2013

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

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National Defense Authorization Act › Contractors

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