News & Analysis as of


DoD Continues to Interpret "Commercial Item" Broadly, Despite Recent Attempts to Narrow

by Jones Day on

The Situation: The U.S. Department of Defense has faced criticism from the Office of Inspector General and the Government Accountability Office concerning its handling of commercial item procurements. The Response: As a...more

New Debriefing Rules in Effect for DOD Contractors

As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a...more

International Law Bulletin - Vol. 22, No. 1 - January 2018

INTERNATIONAL BUSINESS AND TRADE - Dumping - WTO: World Trade Organization (WTO) found that China continues to impose illegal duties on imports of U.S. poultry broiler products since its initial ruling in...more

Legal Advisor Newsletter - First Quarter 2018

by PilieroMazza PLLC on

The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more

Practical DFARS Cybersecurity Compliance Tips – 5 KEY TAKEAWAYS

Kilpatrick Townsend’s Gunjan Talati, partner in the Government Contracts and Construction & Infrastructure Group, recently moderated a panel for the Association of Corporate Counsel National Capital Region chapter on Defense...more

Weekly Update Newsletter - February 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Pentagon Warns CEOs: Protect Your Data or Lose Our Contracts - According to an article from, the Pentagon has issued a warning to defense-industry contractors, insinuating that they...more

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

by Bass, Berry & Sims PLC on

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

Enhanced Debriefing Rules in the NDAA Offer Protesters Several Practical Advantages

by Jones Day on

The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions. The Result: Once implemented, the enhanced...more

Cybersecurity Update

by PilieroMazza PLLC on

Last month many of you listened to the webinar Jon Williams and I did regarding the December 31, 2017, deadline to comply with the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) 252.204-7012 and...more

Weekly Update Newsletter - February 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS case 2016-d006) - The Department of Defense (DOD) issued a final rule, which amended the Defense Federal...more

Government Contractors Should Expect Another Level of Cybersecurity Requirements

by Holland & Knight LLP on

The Department of Defense’s cybersecurity requirements for Covered Defense Information became effective on Dec. 31, 2017. See DFARS 52.204-7012. There is no corresponding FAR cybersecurity rule, leaving the civilian agencies...more

Government Contracts Legislative and Regulatory Updates - January 2018

by Dentons on

Our January edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of December. Highlights this month include: - President Trump...more

Compliance Deadline Reached for DoD Contractor Security Controls Requirements

by WilmerHale on

Under the Department of Defense (DoD) final Defense Federal Acquisition Regulation Supplement (DFARS) rule on Network Penetration Reporting and Contracting for Cloud Services, DoD contractors maintaining, processing, or...more

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

by Holland & Knight LLP on

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...more

US Government Contractors Face New Cybersecurity Requirements

by Latham & Watkins LLP on

As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

New DoD Cybersecurity Requirements Go Into Effect

by Latham & Watkins LLP on

The DFARS final rule requires contractors to safeguard information systems and imposes investigation and reporting requirements in the case of cyber incidents. As of December 31, 2017, many United States government...more

December 31, 2017 Deadline for Cybersecurity under DFARS 252.204-7012 Re-Interpreted

The DoD clarifies its expectation for full compliance to protect Controlled Unclassified Information (CUI) residing on Contractor Systems from cyber incidents. A defense contractor’s updated and current System Security...more

National Defense Authorization Act FY 2018: Directions In Federal Software Acquisitions

On December 12, 2017, President Trump signed the $700 billion 2018 National Defense Authorization Act (“NDAA”) into law. Following negotiations between the House and Senate Armed Services Committees, the NDAA includes new...more

Happy Cybersecurity New Year

by PilieroMazza PLLC on

After the ball drops in Times Square this New Year’s Eve, many DoD contractors will wake up with a headache. And I don’t mean from too much champagne. I’m talking about extensive DoD cybersecurity requirements these...more

Defense contractors – the time has come: December 31 is the deadline for cybersecurity safeguarding compliance

by DLA Piper on

Defense contractors and subcontractors that handle certain types of defense information must be in compliance with Department of Defense (DoD) cybersecurity requirements by the December 31, 2017 deadline. Affected contractors...more

Discussions Vs. Clarifications Vs. Communications, And Agency Discretion (Post-Award Protest Primer #12)

In our last post, we looked at the most common protest grounds related to discussions: lack of meaningful discussions, misleading discussions, and unequal discussions. Today we’ll discuss how discussions differ from...more

NIST Releases Highly-Anticipated Draft Special Publication on Assessing the Security Requirements in NIST SP 800-171 for...

Pursuant to DFARS 252.204-7012, DoD contractors are to implement the security requirements in NIST Special Publication (SP) 800-171 by December 31, 2017. NIST SP 800-171 includes security requirements for protecting...more

Final Countdown to DFARS Cybersecurity Compliance

Most federal defense contractors are aware that December 31, 2017, is the deadline for them to comply with National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Protecting Controlled...more

Data Breaches in 2017

by Davis Wright Tremaine LLP on

As we near the end of the year and look back on 2017, both the number of data breaches and magnitude of these breaches stand out. There have been over forty very significant breaches of data stored on cloud computing systems...more

DFARS Cybersecurity Compliance Countdown: Are You Ready?

by Blank Rome LLP on

It’s almost here. After years of rulemaking, covered defense contractors will soon be fully subject to heightened cybersecurity standards for covered defense information (“CDI”) on IT systems under DFARS 252.204-7012, and...more

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