News & Analysis as of

DFARS Government Agencies

PilieroMazza PLLC

DOD Push for Commercial Item and Service Contracting Increases Defense Contracting Opportunities

PilieroMazza PLLC on

PilieroMazza recently highlighted a Department of Defense (DOD) memo requiring DOD Components to adopt the Software Acquisition Pathway (SWP) as the preferred acquisition method for business and weapon system programs. The...more

Morrison & Foerster LLP - Government...

What Contractors Need to Know About DoD’s New IP Guidebook

Earlier this year, the Department of Defense (DoD) published an “Intellectual Property Guidebook for DoD Acquisition.” It is the culmination of many years of work and the most insightful data rights guidance out of the...more

Pillsbury - Bid Protest Debrief

Trap for the Unwary: GAO Clarifies That Agency’s Misleading Statements Do Not Extend Protest Deadline

In SMS Data Products Group, Inc., B-423341, et al. (May 29, 2025​), SMS Data Products Group protested a task order award to Abacus Technology Corporation for intranet control support services. While the protest raised several...more

Fox Rothschild LLP

GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions

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Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more

Gordon Rees Scully Mansukhani

April 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

McCarter & English Blog: Government Contracts...

The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined Parameters

On April 15, 2025, the Department of Defense (DoD) released official guidance on Organizationally Defined Parameters (ODPs) appearing in the newly published NIST SP 800-171 Revision 3. At the same time, the DoD reaffirmed...more

Miles & Stockbridge P.C.

Executive Order Aims to ‘Restore Common Sense’ in Procurement by Reforming the Federal Acquisition Regulation

Yogi Berra once said, “The future ain’t what it used to be.” Those who have spent a career in federal procurement have seen many cycles of well-intentioned procurement reform instead create a system that is more complex,...more

Womble Bond Dickinson

Government Contractors Need to Be Prepared for Significant Reforms to the Federal Acquisition Regulation and Associated Agency...

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On April 15, 2025, President Trump issued Executive Order 14275, Restoring Common Sense to Federal Procurement (EO 14275). EO 14275’s purpose is to reform the Federal Acquisition Regulation (FAR) and associated agency...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

Burr & Forman

Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base

Burr & Forman on

On April 9, 2025, President Donald J. Trump signed an Executive Order, titled “Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base.” This order outlines a broad and ambitious reform effort...more

Cozen O'Connor

ABSCA: $1.1 Million Reduction Appropriate For Unapproved Foreign-Flag Vessel Use

Cozen O'Connor on

On February 26, 2025, the Armed Services Board of Contract Appeals issued a decision allowing the government to reduce a contract by $1.1M due to a contractor’s failure to comply with the mandate to use United States-flag...more

Blank Rome LLP

FAR on the Chopping Block: Potential Impacts on Protests

Blank Rome LLP on

As those in the federal contracting community wait anxiously for rumored and hinted at changes to the Federal Acquisition Regulation (“FAR”), we are beginning to evaluate how certain of those changes might most impact our...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more

Morrison & Foerster LLP - Government...

Marking Commercial Technical Data After FlightSafety

There is no law or regulation instructing contractors how to mark commercial technical data delivered to the Department of Defense (DoD). Yet the DoD Federal Acquisition Regulation Supplement (DFARS) is quite clear that...more

McCarter & English Blog: Government Contracts...

Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

As St. Patrick’s Day approaches, many of us are on the lookout for four-leaf clovers, a pot of gold, or perhaps even a mischievous leprechaun guarding his treasure. But in the world of government contracting, the real...more

Bass, Berry & Sims PLC

Ethics Rules Applicable to Hiring Former Federal Government Employees

As the Trump administration continues to eliminate federal positions and reduce contract and grant outlays, many private companies will likely be eyeing current and former government employees for employment over the coming...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Registration, Substantiation, Experience

To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an...more

Cozen O'Connor

FAR Proposed Controlled Unclassified Information Rule: A Path Toward Standardization

Cozen O'Connor on

On January 15, 2025, the FAR Council finally released a proposed rule (the Rule)1 regulating the use and handling of controlled unclassified information (CUI) as a part of the general strategy to reduce threats of...more

Morrison & Foerster LLP - Government...

Proposed Regulation on Controlled Unclassified Information Standardizes Process for CUI Identification and Handling Across Federal...

The Federal Acquisition Regulation (FAR) Council issued its long awaited proposed rule on Controlled Unclassified Information (CUI) on January 15, 2025. The proposed rule establishes a common form to be used by all federal...more

Jenner & Block

Client Alert: FAR Council Issues Long-Awaited Proposed Rule to Implement Controlled Unclassified Information Program

Jenner & Block on

On January 15, 2025, the Department of Defense (DOD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, “the FAR Council”) issued a long-anticipated proposed...more

PilieroMazza PLLC

Better Late Than Never: DOD Amends DFARS Implementing SBIR/STTR Data Rights, What it Means for Small Business

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On December 18, 2024, the Defense Department (DOD) issued its Final Rule (Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business...more

Morrison & Foerster LLP - Government...

House’s Passage Of The Samosa Act Signals Policy Shift Towards Government-Wide Enterprise Software Licensing

On December 4, 2024, the House passed the Strengthening Agency Management and Oversight of Software Assets (SAMOSA) Act, a bipartisan bill that is now before the Senate. Under the SAMOSA Act, federal agencies are directed to...more

Bass, Berry & Sims PLC

DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program

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On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity...more

Holland & Knight LLP

The Impact of Chevron Reversal on Government Contracting

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The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo upended decades of precedent that required courts to defer to agencies' interpretations of statutes. This, known as the Chevron doctrine, allowed for...more

Benesch

GSA/DoD Transportation Law Primer

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Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more

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