On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries. Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
U.S. Department of Defense
New Rule Requires Agencies to Procure Sustainable Products and Services
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an agency requirement to procure sustainable products and services to the maximum extent practicable.Continue Reading New Rule Requires Agencies to Procure Sustainable Products and Services
Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
By Todd Overman on
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information. Continue Reading Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP). Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
Department of Defense Publishes Long-Awaited CMMC Proposed Rule
By Richard Arnholt, Adam Briscoe & Todd Overman on
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors.Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule
New Rule Seeks to Streamline DoD Commercial Product and Service Procurements
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
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
GAO Assesses Health of the Defense Industrial Base
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
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 Base
Department of Defense Issues First Update Since 2018 to Other Transactions Guide
By Adam Briscoe on
On July 8, the Department of Defense (DoD) Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD (A&S)) announced its first update to the Other Transactions (OT) Guide since November 2018. The DoD OT Guide provides a detailed overview of the OT process and best practices, from pre-solicitation to award and post-award management. Continue Reading Department of Defense Issues First Update Since 2018 to Other Transactions Guide
Inflation Relief on Its Way for Government Contractors?
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate recently passed the National Defense Authorization Act (NDAA) of Fiscal Year 2023, which authorizes future spending of appropriations and outlines Department of Defense (DOD) policy priorities for the next fiscal year.Continue Reading Inflation Relief on Its Way for Government Contractors?
Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
Generally, government agencies are given broad discretion to define their needs; however, last month, the United States Court of Federal Claims chose to curtail an agency’s authority to cancel and amend bid solicitations in Seventh Dimension, LLC v. U.S., No. 21-2275C (May 2022).
Continue Reading Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”