Each year, the National Defense Authorization Act (NDAA) authorizes funding levels and provides authorities for the U.S. military and other critical defense priorities, ensuring that troops have the training, equipment, and resources they need to carry out their missions. A summary report of the 2023 NDAA is has been published. Please click here to read more.
Foley & Lardner LLP – On June 6, 2022, the Small Business Administration (SBA) issued a Final Rule changing how a company calculates its size under an employee-based size standard. In recent years, the SBA also changed how a business calculates its size under a revenue-based size standard. These changes make it easier for growing companies to retain their small business status longer, enabling them to continue to pursue prime contracts or subcontracting opportunities reserved for small businesses. Below, we summarize the key rules going forward for determining whether a business is “small” for purposes of federal government contracts. Click here to read more.
DoD is issuing a final rule amending the DFARS to implement Executive Order (E.O.) 13881, Maximizing Use of American-made Goods, Products, and Materials, which calls for more aggressive implementation of the Buy American statute (41 U.S.C. chapter 83) to maximize the Government’s procurement of American-made goods, products, and materials. The Buy American statute requires the purchase of domestic products (both end products and construction materials), except when the domestic product is not available, the domestic product is only available at an unreasonable cost, or it would not be in the public interest to buy the domestic product. To read more, please click here.
Office of the Under Secretary of Defense – In March 2020, the Department of Defense (DoD) dramatically expanded the use of alternative work arrangements, including telework and remote work, for Service Members and DoD civilian employees to stem the spread of COVID-19. The Department has experienced many unexpected benefits from the expanded telework flexibilities, resulting in increased efficiencies and effectiveness in the accomplishment of our mission. On March 16, 2022, the Deputy Secretary of Defense issued memorandum, “DoDWorkforce Guidance for Final Reentry of DoD Civilian Personnel” (Attachment 2) to providethe Department direction for the reentry of DoD civilians into the workplace. Our contracting
professionals, in collaboration with program managers and requirements owners, must now
consider the reentry guidance that will be provided to contractors. To read more, please click here.
Federal News Network – More than 25% of federal contracting dollars end up in one of six markets. That’s according to analysis by Bloomberg Government. For details and the opportunities they represent, Amanda Allen was interviewed by Tom Temin of Federal Drive. To read a transcript or listen to the interview, please click here.
The U.S. General Services Administration (GSA) today announced progress in its ongoing efforts to strengthen the federal supply chain and reduce supply chain risk by using its Verified Products Portal (VPP) to monitor and remove products from unauthorized suppliers. Launched in 2020, the VPP is a manufacturer- and wholesaler-facing portal for authoritative product content such as standardized part numbers, product specifications, and supplier authorization information. Working with industry, GSA recently identified and removed approximately 75,000 items offered by unauthorized suppliers from GSA Advantage!® as part of a pilot test. To read more, please click here.
Washington Technology – The Top 100 ranks measure more than just the prime contract dollars going to each individual company. They also act as a barometer for how the federal contracting market is changing and how companies are adopting. To read more and view the list, please click here.
From the Office of Mr. John M. Tenaglia, Principal Director, Defense Pricing and Contracting (DPC) within the Office of the Secretary of Defense (OSD), U.S. Department of Defense (DoD)
On November 30, 2020, interim DFARS rule 2019-D041 took effect and required use of
DFARS clause 252.204-7020, NIST SP 800-171 DoD Assessment Requirements, in all future
DoD solicitations and contracts, task orders, or delivery orders, except those solely for the
acquisition of commercial off the shelf items. If included in the contract and applicable, the
clause requires contractors to post summary level scores of all NIST SP 800-171 DoD
Assessments, including the Basic self-assessment, in the Supplier Performance Risk System
(SPRS) and provide access to its facilities, systems, and personnel necessary for the Government
to conduct a High or Medium NIST SP 800-171 DoD Assessment.
A High or Medium assessment is a tool that allows DoD personnel to validate the results
of a Basic NIST SP 800-171 self-assessment to assess if the contractor has, in fact, properly
implemented the NIST SP 800-171 security requirements. DFARS clause 252.204-7020 was not
promulgated or prescribed for use in DoD contracts until November 30, 2020; therefore, not all
contractors are contractually obligated to comply with the assessment and access requirements
set forth in the clause. Contracting Officers are reminded, however, that where applicable,
DFARS 252.204-7012 requires contractor to implement the security requirements of NIST SP
800-171, and alternative remedies and tools are available for use to ensure compliance. To read the complete article, please click here.
The Government Accountability Office has issued a review of the performance of Department of Defense’s 25 major IT business programs, management of cybersecurity and supply chain risks, and others. Findings included that 19 of 25 programs did not fully report data measuring progress on system performance. Programs also only reported progress on 77 of 172 performance targets. To read more, please click here.
ClearanceJobs – For the past eighty years, most of the European continent has benefitted from a psychological and financial peace dividend. With Russia’s invasion of Ukraine shocking the world, European countries are now reevaluating both their security policy and defense spending. The applications of Finland and Sweden to join NATO may provide a procurement windfall. Please click here to read more.
