Topic Archives: Defense

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 ...›

Compliance
December 10, 2015Compliance, Defense

Confidentiality Policies Cannot Prohibit Employees From Disclosing Contractor Fraud, Waste, and Abuse

The Department of Defense (DoD) has amended the Defense Federal Acquisition Regulation Supplement (DFARS) to make clear that contractors cannot require their employees or subcontractors to sign confidentiality agreements that would restrict the employees or subcontractors from reporting fraud, waste, or abuse, or cooperating with law enforcement investigations of such allegations. ...›

Defense
November 13, 2015Defense, National Security

New Department of Defense Requirements Relating to Supply Chain Risk

On October 30, 2015, the Defense Acquisition Regulations System of the Department of Defense (DoD) published in the Federal Register (80 FR 67244) a final rule (the “Final Rule”) that adopts with changes an interim rule (78 FR 69268) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement § 806 of National Defense Authorization Act (NDAA) for FY 2011, “Requirements for Information Relating to Supply Chain Risk,” as amended by § 806 of the NDAA for FY 2013 (the “Interim Rule”). ...›

September 22, 2015Defense

Mitigating the Impact of a Government Shut Down

As of September 20, 2015, none of the 12 appropriations bills required to keep the federal government funded during fiscal year 2016 have been passed. Congressional gridlock over what should be included in the budget is such that many political analysts are reporting that not all of the bills will pass by October 1, 2015, and that there is a chance continuing resolutions will not be passed for all agencies. ...›

Defense
August 3, 2015Acquisition Regulations, Defense

New DoD Proposed Guidance on Commercial Item Pricing

DoD has proposed new guidance on commercial item pricing. The proposed rule includes a definition of “market-based pricing” that deletes current “offered for sale” terminology. Under the proposed rule, market-based pricing would be the preferred method to establish a fair price in the absence of adequate competition where market-based pricing refers to cases in which nongovernmental buyers drive the price of a product or service in a commercial marketplace. ...›