Topic Archives: Defense

February 1, 2018Compliance, Defense

Millennials Outraged Over GAO Decision Upholding DoD Determination that Millennials Won’t Keep a Job

(Editor’s Note: The author of this post is millennial, though she does not admit it and we don’t hold it against her.) “Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government Accountability ...›

Cybersecurity
January 18, 2018Cybersecurity & Data Privacy, Defense

Data Rights Assault: What In The H (clause) Is Going On Here? Air Force Overreaching On OMIT Data

Although the government can obtain unlimited rights in technical data necessary for “operation, maintenance, installation, or training”(OMIT), the government is precluded by law from demanding unlimited OMIT rights in detailed manufacturing and process data or in software developed at private expense.  Contractors need to be aware, however, that the Air Force is disregarding this statutory ...›

Defense

DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out.  The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017 to analyze a variety of issues relating to protests of DOD acquisitions.  The report appears to be thorough and well balanced and contains ...›

Defense
November 16, 2017Defense, Protests & Litigation

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act.  The NDAA coming out of the conference committee contains numerous provisions that would affect government contractors.  Below we address five of the most significant issues for government contractors in the proposed NDAA – Bid Protests, Debriefings, the Space ...›

Defense
October 30, 2017Defense, Federal Procurement, M&A, Small Business

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the increased use of unorthodox contracting methods such as Other Transaction Agreements, the success of and potential fallout from the All ...›

Defense
April 6, 2017Defense

The Future of DIUx in Limbo Under Trump

The Defense Department’s Defense Innovation Unit Experiment (DIUx) is a government entity that can quickly bring technology innovations from commercial developers to the armed services. DIUx helps the Department of Defense access cutting-edge technology from nontradtional contractors. This post explains how DIUx is able to do that and why it might not survive the change ...›

Defense
February 13, 2017Defense

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by the court in deciding the protest and which must be excluded. In many instances, the parties’ understanding of ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

Defense
November 9, 2016Cybersecurity & Data Privacy, Defense

DoD Issues Proposed Rule Regarding Withholding and Dissemination of Unclassified Technical Data and Technology

On October 31, 2016, the Department of Defense (DoD) issued a proposed rule (81 Fed. Reg. 75352) to address DoD’s procedures for the withholding and dissemination of unclassified export-controlled technical data and technology.  The proposed rule focuses on regulating DoD’s public release of export-controlled technical data and technology, and DoD’s requirements for the transfer of ...›