On March 16, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) released their Phase 1 Implementation Plan (the “Plan”) for “Procurement Through E-Commerce Portals” as directed by Section 846 of the National Defense Authorization Act for FY 2018. As we have written on this blog many times before, Section 846 (or Section 801 as it was known previously) will change the way the Federal Government buys commercially-available-off-the-shelf (“COTS”) products under the Simplified Acquisition Threshold (“SAT”). Section 846 directs GSA to establish one (or several) “e-commerce portals,” owned and operated commercially, through which the Government will procure COTS products under the SAT. The Plan is the general public’s first glimpse of how GSA envisions this program working, and the first of several critical steps to bring the “e-commerce portals” program online.
The 2018 National Defense Authorization Act (“NDAA” or “Act”) includes changes that could make the Department of Defense (“DoD”) a more effective and knowledgeable purchaser of Intellectual Property (“IP”) and promote more flexible IP acquisition strategies. These same changes also could encourage Contracting Officers to insist on broader IP rights and delivery requirements. While it has always been important for contractors to protect their IP (click here for our list of “Top 10 Ways to Lose Rights in Your IP”), with the passage of the 2018 NDAA, avoiding the loss of valuable IP rights could require even more sophistication and vigilance.
Pursuant to DFARS 252.204-7012, DoD contractors are to implement the security requirements in NIST Special Publication; unclassified information
Source: NIST Releases Highly-Anticipated Draft Special Publication on Assessing the Security Requirements in NIST SP 800-171 for Controlled Unclassified Information (CUI) | Government Contracts & Investigations Blog
An Analysis of NDAA Section 846’s Online Marketplace Provisions There has been a lot of speculation about the future of commercial items purchasing within
The percentage of overall research and development spending sponsored by the government has dropped sharply over the last 50 years. FASA’s
The DFARS cybersecurity clause—prescribing the reporting requirements for contractors that experience a cyber incident; DFARS 252.204-7012
Contractors must be mindful of the cybersecurity capabilities of subcontractors, joint-venture partners and teammates; DFARS
House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.”
On May 11, President Trump issued the ‘‘Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.’’
Trump signed into law a CRA resolution repealing the so-called “blacklisting” rule, which imposed strict labor reporting upon government contractors.