Topic Archives: Defense

October 16, 2020Acquisition Regulations, Defense

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

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 Defective Pricing Pilot Team will assist Government Procuring Contract Officers (PCOs) ...›

Defense
August 17, 2020Defense

Clear Skies for Boeing After No-Waiver Ruling

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 monthly “Oral Argument Recap.” To read this post in full on Federal ...›

Defense

Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security

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 ¶ 37252 (Jan. 24, 2019), for example, the Armed Services Board of Contract ...›

Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights

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, as reported earlier this week in National Defense magazine, Representative Mac ...›

Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends

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 with the “Government Purpose Rights” legend prescribed by the DFARS. [iii] Among other ...›

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 published last December and implements sections of the National Defense Authorization Acts for FY 2017 and 2018. The final rule can be found ...›

September 6, 2019Cybersecurity & Data Privacy, Defense

Department of Defense’s Cybersecurity Maturity Model Certification Planning Moves Forward

The Department of Defense (DoD) has taken another step on the path toward full implementation of its Cybersecurity Maturity Model Certification (CMMC) initiative. On September 5, 2019, the Office of the Assistant Secretary of Defense for Acquisition released version 4 of the CMMC and has requested public comment. The CMMC process began early this year ...›