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Procurement Guidelines DFARS Department of Defense (DOD)

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more

Schwabe, Williamson & Wyatt PC

Final Rule on Affiliate Past Performance

The Department of Defense finally issued its rule to implement Section 865 of the National Defense Authorization Act (NDAA) for fiscal year 2024 (Pub. L. 118-31). The act required the DoD to issue a regulation by July 2024...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Debriefings, Timeliness, Documentation

This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more

Bass, Berry & Sims PLC

Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities

In addition to opening the door to possible awards under the government’s Other Transactions Authority (OTA), products and services provided by contractors that meet the definition of a Non-Traditional Defense Contractor...more

Mayer Brown

DoD Increases Use of Commercial Solutions Opening Procedures

Mayer Brown on

The National Defense Authorization Act for Fiscal Year 2024 (“NDAA”), signed into law on December 26, 2023, contains a number of important changes to federal procurement law and policy....more

Perkins Coie

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

Perkins Coie on

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

Maynard Nexsen

FAR Alternatives on the Rise with Increase in Space and Technology Needs

Maynard Nexsen on

Recently, Cherissa Tamayori, Director of Acquisition and Senior Contracting Official for the Defense Innovation Unit (DIU), joined U.S. military and defense industry experts from around the globe at the Navy League’s...more

Sheppard Mullin Richter & Hampton LLP

DoD Commercial Item Group Summit: A Recap

On April 4, 2023, the Defense Contract Management Agency’s (“DCMA”) Commercial Item Group held an industry day at Fort Lee in Virginia. The DCMA Commercial Item Group assists DOD purchasers in determining whether items...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 11

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Venable LLP

When You Come to a Fork in the Road Take It

Venable LLP on

Though we are not yet halfway through 2022, the COFC has issued two decisions that highlight divergent views from GAO precedent regarding the availability of key personnel and whether there is a presumption that an Agency...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2022

PilieroMazza PLLC on

LABOR & EMPLOYMENT - Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022 - In December 2021, the Office of Federal Contract Compliance Programs (OFCCP)...more

Polsinelli

Counting Down to 2020 and the Department of Defense’s Cybersecurity Maturity Model Certification Program

Polsinelli on

2019 has been a year of pivotal developments for defense contractors in the realm of cybersecurity compliance. The Department of Defense (DoD) issued six guidance memoranda to assist its acquisition personnel in developing...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019 #3

PilieroMazza PLLC on

SEASON'S GREETINGS FROM PILIEROMAZZA! CLIENT ALERT: The 2020 NDAA's Impact on Government Contractors - On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020,...more

Faegre Drinker Biddle & Reath LLP

Government Contracts Regulatory and Legislative Update - November 2019

Our monthly edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the previous month. Regulations - The FAR...more

Bradley Arant Boult Cummings LLP

DOD Restricts Use of Lowest Price Technically Acceptable Procurements

The Department of Defense (DOD) recently promulgated a final rule limiting the DOD’s ability to use the Lowest Price Technically Acceptable (LPTA) method of procurement. The final rule — which took effect on October 1, 2019,...more

Morrison & Foerster LLP - Government...

DOD Promulgates Long-awaited Restrictions on LPTA Procurement

The Department of Defense (DOD) has promulgated the final rule restricting DOD’s use of Lowest Price Technically Acceptable (LPTA) acquisition methods. The final rule adopts, without any substantive changes, the proposed rule...more

Miles & Stockbridge P.C.

California District Court Issues First False Claims Act Decision Involving the DFARS Cybersecurity Rule

As predicted, a recent decision from the Federal District Court for the Eastern District of California is the first sign of a new, and potentially enormous wave, of Civil False Claims Act, 31 U.S.C. §§ 3729-33 (“FCA”) actions...more

Perkins Coie

DOD Proposed Rule Limits the Use of LPTA

Perkins Coie on

The U.S. Department of Defense (DOD) proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) on December 4, 2018, to limit the use of lowest price technically acceptable (LPTA) procurements. The...more

Holland & Knight LLP

New Proposed Regulations Limit the Use of LPTA

Holland & Knight LLP on

The overuse of the Lowest Price Technically Acceptable (LPTA) source selection process (see FAR 15.101-2(a)) has drawn criticism from both industry and government over the last few years. While LPTA offers a streamlined...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2018

PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Boosting small business demands big ideas - According to an article in dcma.mil, there are 28 million small businesses in America, and Defense Contract Management Agency’s small business...more

Perkins Coie

Is It Time for Commercial Companies to Give DOD a Second Look?

Perkins Coie on

In the last decade or so, the U.S. Department of Defense (DOD) has been, in the words of the Section 809 Panel, an “unattractive customer to large and small firms with innovative, state-of-the-art solutions.” Among other...more

Jones Day

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

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

Bass, Berry & Sims PLC

LPTA Out, Fixed Price Contracts In

Bass, Berry & Sims PLC on

The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts...more

McCarter & English, LLP

Developments in DoD’s Treatment of Commercial Item Assertions

McCarter & English, LLP on

The passage of the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996 saw the dawning of a new era in procurement policy, pursuant to which sweeping changes to the procurement laws and regulations...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2016

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SMALL BUSINESS ADMINISTRATION - Affiliation for Business Loan Programs and Surety Bond Guarantee Program This final rule amends the regulations pertaining to the determination of size eligibility based on affiliation...more

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