Topic Archives: Defense

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 ...›

Defense
January 4, 2016Cybersecurity & Data Privacy, Defense

Defense Contractors Get Extension of Time for Compliance with New Cybersecurity Security and Reporting Requirements

We previously reported on the new rules implemented by the Department of Defense (DoD) requiring government contractors and subcontractors to report cybersecurity breaches of their (and their subcontractors’) information technology systems not only for unclassified controlled technical information (UCTI), but for all types of what DoD now calls “covered defense information,” a term that includes UCTI ...›