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Government Contracts & Investigations Blog

The Future of COTS Procurement: The Proposed Section 846 Business Models | Government Contracts & Investigations Blog

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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.

Source: The Future of COTS Procurement: The Proposed Section 846 Business Models | Government Contracts & Investigations Blog

Contractors Beware: The 2018 NDAA Ushers In New Changes Affecting IP Rights | Government Contracts & Investigations Blog

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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.

Source: Contractors Beware: The 2018 NDAA Ushers In New Changes Affecting IP Rights | Government Contracts & Investigations Blog

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

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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

Surprise, Surprise, Congress Does Listen — Well, Kind Of | Government Contracts & Investigations Blog

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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

Source: Surprise, Surprise, Congress Does Listen — Well, Kind Of | Government Contracts & Investigations Blog

Industry Struggles With Ever Changing Acquisition Rules | Government Contracts & Investigations Blog

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The percentage of overall research and development spending sponsored by the government has dropped sharply over the last 50 years. FASA’s

Source: Industry Struggles With Ever Changing Acquisition Rules | Government Contracts & Investigations Blog

Achieving Cyber-Fitness In 2017: Part 5—Cyber Incident Reporting And Response | Government Contracts & Investigations Blog

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The DFARS cybersecurity clause—prescribing the reporting requirements for contractors that experience a cyber incident; DFARS 252.204-7012

Source: Achieving Cyber-Fitness In 2017: Part 5—Cyber Incident Reporting And Response | Government Contracts & Investigations Blog

Achieving Cyber-Fitness In 2017: Part 4—Subcontracts, Joint Ventures And Teaming Agreements | Government Contracts & Investigations Blog

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Contractors must be mindful of the cybersecurity capabilities of subcontractors, joint-venture partners and teammates; DFARS

Source: Achieving Cyber-Fitness In 2017: Part 4—Subcontracts, Joint Ventures And Teaming Agreements | Government Contracts & Investigations Blog

House Armed Services Committee Takes Aim at GSA with Proposed Legislation | Government Contracts & Investigations Blog

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House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.”

Source: House Armed Services Committee Takes Aim at GSA with Proposed Legislation | Government Contracts & Investigations Blog

Presidential Executive Order on Cybersecurity: No More Antiquated IT | Government Contracts & Investigations Blog

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On May 11, President Trump issued the ‘‘Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.’’

Source: Presidential Executive Order on Cybersecurity: No More Antiquated IT | Government Contracts & Investigations Blog

UPDATE: Congress and Trump Administration Repeal “Blacklisting” Rule, Relieving Contractors from Strict Labor Reporting and Other Requirements | Government Contracts & Investigations Blog

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Trump signed into law a CRA resolution repealing the so-called “blacklisting” rule, which imposed strict labor reporting upon government contractors.

Source: UPDATE: Congress and Trump Administration Repeal “Blacklisting” Rule, Relieving Contractors from Strict Labor Reporting and Other Requirements | Government Contracts & Investigations Blog

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