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“Modernizing Defense Acquisition” EO Directs “Comprehensive Overhaul” of DOD Acquisition System

WHAT: The Trump Administration issued an Executive Order (EO) to kick off a “comprehensive overhaul” of the U.S. Department of Defense (DOD) acquisition system, aiming to “rapidly reform” acquisition processes with an...more

DOD Crystalizes CMMC 2.0 Program Rule - UPDATED October 22, 2024.

WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) published the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

DOD Seeks Public Comment to Aid Its Adoption of AI in Defense Applications

WHAT: On May 22, 2024, the U.S. Department of Defense (DOD) Office of Industrial Base Resilience (OIBR) released a notice for public comment regarding actions the DOD can take to enable the Defense Industrial Base (DIB) to...more

FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more

DOD Devotes Resources to Responsible Adoption of Generative AI

On August 10, 2023, the U.S. Department of Defense (DOD) announced the creation of Task Force Lima, which will focus on generative artificial intelligence (AI) responsibility and strategy issues. The task force announcement...more

Biden Administration Looks at Harmonizing Cyber Regulations Amidst Flurry of New Activity

Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more

Defense Department’s Updated Procurement Process Allows Quicker Access to Private Sector AI Products

[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.] Artificial Intelligence (AI) seems to be infiltrating...more

Department of Defense is Tackling AI Challenges, Considering Bills of Materials

As Artificial Intelligence (AI) grows in popularity, discussion of its potential uses and risks is everywhere. The Department of Defense (DoD) is no exception and has been considering how AI development can be helpful or...more

A New White House Project on Responsible AI Sends a Message to the Private Sector, Including Contractors

It is hardly news that artificial intelligence (AI) has captured attention across the federal government. Wiley’s multidisciplinary AI team has been involved in efforts at the National Institute for Standards and Technology...more

DoD Issues Final Rule on Enhanced Post-Award Debriefings

WHAT: The U.S. Department of Defense (DoD) issued a final rule implementing the requirement for enhanced debriefings established in Section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 and since...more

What Government Contractors Need to Know About the Fiscal Year 2022 NDAA

On December 15, 2021, Congress passed the National Defense Authorization Act (NDAA or Act) for Fiscal Year (FY) 2022, which President Biden is expected to sign into law soon. As usual, the NDAA contains numerous provisions...more

Government Contract Trends as 2021 Winds Down

It is hard to believe 2021 is in the back stretch. At the beginning of the year, we made predictions of what might come from the change in Administration in 2021. In this article, we take a look at what has happened in 2021...more

Contractors Take Note: Proposed DFARS Rule to Implement Other Than Cost or Pricing Data Requirements Covers More Than Just That

WHAT: The U.S. Department of Defense (DoD) has issued a proposed Defense Federal Acquisition Regulation Supplement (DFARS) rule to implement Section 803 of the Fiscal Year 2020 National Defense Authorization Act (FY2020 NDAA)...more

Enhanced Debriefings: A Rocky Road From the Class Deviation to DOD’s Proposed DFARS Implementation

Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more

What Cyber Landscape Awaits Government Contractors Following Biden’s Executive Order?

On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more

DOD and DOL Take Steps to Stop Implementation of Executive Order 13950 in Response to Nationwide Injunction

On January 6, 2021, the U.S. Department of Defense (DOD) issued a revised class deviation, superseding Class Deviation 2021-O0001, issued on November 20, 2020 that implemented Executive Order 13950, Combating Race and Sex...more

Lack of Prejudice Will Sink Even a 'Meritorious' Protest

As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more

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