DOD Adds Enhanced Post-Award Debriefing to the DFARS
- - DefenseEarlier this month, the U.S. Department of Defense (DOD) issued a final rule to add the 2018 National Defense Authorization Act’s enhanced post-award debriefing rights to the Defense Federal Acquisition Regulation Supplement (DFARS). The rule took effect immediately on March 18, 2022, and formalizes... ›
DOD Proposes Enhanced Debriefing Regulations
By: James A. Tucker
Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011 , which required DOD... ›The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope
By: Locke Bell
Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force , that the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) data rights clauses do not prohibit a contractor... ›New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority
By: J. Alex Ward and Kathy C. Weinberg
The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at the Office of the Under Secretary of Defense. The DCMA... ›- - Defense
Clear Skies for Boeing After No-Waiver Ruling
By: Seth W. Lloyd and Samuel Benjamin Goldstein
Below is an excerpt from one of Morrison & Foerster’s newest blogs, Federal Circuitry , which takes a data-driven look at the Federal Circuit. In addition to analyzing Federal Circuit statistics, the blog publishes a “Last Week in the Federal Circuit” roundup and a... › Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
By: J. Alex Ward and Victoria Dalcourt Angle
We have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks. These risks, and the resulting costs, can be unpredictable and are not always compensable. In ECC Int’l Constructors, LLC , ASBCA No. 59138, 19-1 BCA ¶... ›Contracting in the Fog of War: Recovering Costs Caused by an Epidemic
By: J. Alex Ward and Victoria Dalcourt Angle
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post , responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “... ›Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights
By: Locke Bell
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce reductions from those out sick, travel restrictions, base closures, or telework. Indeed,... ›MoFo Webinar: Are You Ready for CMMC? Do You Need to Be?
By: Tina D. Reynolds
Please join Morrison & Foerster LLP, Coalfire Federal, and Grant Thornton Public Sector on Thursday, February 27 at 12PM EST for a deep dive into the key aspects of the Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) process and how it will affect... ›Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends
By: James A. Tucker and Locke Bell
The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States. [i] In that case, Raytheon asked the Court to review a contracting officer’s demand that Raytheon replace its common proprietary, not-subject-to-release-under-FOIA [ii] marking... ›