On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are inapplicable to DoD commercial item procurements, including acquisitions of commercial off-the-shelf items and commercial services. The changes aim to reduce barriers to entry and administrative burden for nontraditional defense contractors and streamline DoD procurement of innovative technologies from the private sector.
Continue Reading New Rule Seeks to Streamline DoD Commercial Product and Service Procurements
New Requirements for Government Contractors and Joint Ventures
I recently authored an article for Law360’s Expert Analysis column outlining a joint notice issued by the Information Security Oversight Office (ISOO), which offers guidance to government contractors regarding entity eligibility determination (EED) requirements for joint ventures.
Continue Reading New Requirements for Government Contractors and Joint VenturesNew Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the Cognizant Security Agency (CSA) is responsible for determining which entities are required to hold an Entity Eligibility Determination (EED), also known as a Facility Clearance (FCL), and providing specific guidance as to which entities must possess EED in different scenarios.
Continue Reading New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint VenturesGAO’s 2023 Bid Protest Report: More Than Meets the Eye
On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline.
Continue Reading GAO’s 2023 Bid Protest Report: More Than Meets the EyeGAO Assesses Health of the Defense Industrial Base
The health of the Defense Industrial Base (DIB) has been brought to the fore as the United States responds to wars in Ukraine and Israel. Unfortunately, according to the National Defense Industrial Association’s “Vital Signs” report, the U.S. DIB faces numerous challenges due to limited capacity to surge production, political obstacles to defense budgeting, and labor challenges.
Continue Reading GAO Assesses Health of the Defense Industrial BaseThe Corporate Transparency Act: A Primer for “Small” Businesses
The Corporate Transparency Act (CTA), which aims to curb illicit financial activities like money laundering and other fraudulent activities, will go into effect on January 1, 2024. Consequentially, many types of businesses, known as “reporting companies,” will be required to provide certain identifying information to the Financial Crimes Enforcement Network (FinCEN) related to the individuals who directly and indirectly own them. The information will then be stored in a non-public database to be used in a variety of government enforcement efforts.
Continue Reading The Corporate Transparency Act: A Primer for “Small” BusinessesCSO Requirements for Government Contractors
We recently authored an article for Reuters examining Commercial Solutions Openings, a contracting mechanism through the Department of Defense (DoD), which seeks innovative commercial technologies or services.
Continue Reading CSO Requirements for Government ContractorsBiden Administration Directs Federal Agencies to Consider Social Cost of Greenhouse Gases in Procurement
On September 21, the Biden administration approved recommendations from the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) in federal procurement processes.
Continue Reading Biden Administration Directs Federal Agencies to Consider Social Cost of Greenhouse Gases in ProcurementUPDATE: 8(a) Reopens its Certify Site Welcoming New Applicants
On September 29, the Small Business Administration (SBA) reopened its Certify portal to new applicants seeking admittance into the SBA 8(a) program.
Continue Reading UPDATE: 8(a) Reopens its Certify Site Welcoming New ApplicantsGovCon M&A: What Is Going On In 2023? Predictions for 2024 (On-Demand Webinar)
I recently had the honor of taking part in a thought-provoking panel discussion titled “GovCon M&A: Unveiling the 2023 Landscape and Forecasts for 2024.” This illuminating webinar featuring Sharon Heaton, the Founder and CEO of sbLiftOff, and Kenneth Dodds, Vice President at Live Oak Bank, was a deep dive into the world of Government Contracting Mergers and Acquisitions (M&A).
Continue Reading GovCon M&A: What Is Going On In 2023? Predictions for 2024 (On-Demand Webinar)