DoD Revamps Controversial CMMC Program

The Department of Defense is revamping its cybersecurity compliance program for government contractors, after a nine-month internal review and complaints from vendors large and small over the cost and complexity of the requirements. Click HERE to read more.

Federal Acquisition Regulation: Revision of Definition of “Commercial Item”

The change in this final rule resolves the issue the Section 809 Panel cites, which is that the “acquisition workforce has faced issues with inconsistent interpretations of policy, confusion over how to identify eligible commercial products and services”. Bifurcating the definition of “commercial item” into “commercial product” and “commercial service” is a way to provide clarity for the acquisition workforce, which may result in greater engagement with the commercial marketplace.

Federal Acquisition Regulation: Minimizing the Risk of Climate Change in Federal Acquisitions

The Federal Acquisition Regulatory Council is considering amending the Federal Acquisition Regulation (FAR) to ensure that major Federal agency procurements minimize the risk of climate change. DoD, GSA, and NASA are seeking public input on a potential FAR amendment. Interested parties should submit written comments to the Regulatory Secretariat Division on or before December 14, 2021. Please click HERE for more information.

Other Transaction Authority (OTA): History and Current Structure

When considering if, how, when, and where to break into the federal market, small businesses, nontraditional contractors, and even large businesses may be quick to identify OTs as a way of doing so without signing up for some of the terms, conditions, and obligations that more traditional government contracting may impose. But, as the adage goes, buyer—or, in this case, seller—beware: before jumping on the OT bandwagon, it is critical to understand the origins, scope, and structure of OTAs to properly understand the potential risks and rewards of such vehicles. Click HERE to read more.

Department of the Interior Proposes to Revise Regulations Implementing the Buy Indian Act

The Department of the Interior proposes to revise regulations implementing the Buy Indian Act, which provides the Department with authority to set aside procurement contracts for Indian-owned and controlled businesses. These revisions would eliminate barriers to Indian Economic Enterprises from competing on certain construction contracts, expand Indian Economic Enterprises’ ability to subcontract construction work consistent with other socio-economic set-aside programs, and give greater preference to Indian Economic Enterprises when a deviation from the Buy Indian Act is necessary, among other updates. Click HERE to read more.

The Future of Artificial Intelligence

Federal agencies aim to advance their use of artificial intelligence and accompanying emerging technologies, like machine learning, in the coming years. The U.S. Postal Service, for example, will focus on AI and its potential over the coming decade to better serve its hundreds of millions of customers. Similarly, the Department of Homeland Security’s science and tech arm spent almost a year drafting an artificial intelligence and machine learning framework that will guide the agency’s enterprise wide pursuits of those technologies for the coming years. Click HERE to read more.

RIF: Electronically Verifiable COVID-19 Test and Vaccine Proof for CDC Staff

CDC is seeking to understand contractors’ capabilities to provide electronically verifiable vaccination record and/or electronically verifiable test results for CDC personnel. In addition, CDC would like to understand contractors’ ability to import information on CDC personnel, provided by CDC systems, which drive access requirements.  CDC has travelers departing from various locations within the United States. CDC typically travels approximately 5,000 employees to foreign locations each year to a wide variety of locations. Click HERE to read more.