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Defense Contracting

October 2023

Small Businesses Face Convoluted Eligibility Rules

By Scott Freling and Carl Wiersum
The Federal Acquisition Regulation Council recently published a proposed rule that would update the Federal Acquisition Regulation, or FAR, to implement the Small Business Administration’s 2020 changes to rules on when small businesses must recertify their status in connection with orders under multiple-award contracts.
Government Contracting Insights

October 2023

Proposal Would Make Losers Pay for Bid Protests

By Stephanie Barna , Michele Pearce and Kayleigh Scalzo
Section 804 of the House-enacted version of the National Defense Authorization Act for fiscal year 2024 would establish a “loser pays” pilot program to require contractors to reimburse the Defense Department for costs incurred in “processing” bid protests that are ultimately denied by the Government Accountability Office.
Global Defense Market

August 2023

CFIUS Transaction Approvals Taking Longer

By B.J. Altvater , David Fagan and Jonathan R. Wakely
The Committee on Foreign Investment in the United States, or CFIUS, recently released the public version of its annual report to Congress regarding its review of certain transactions involving foreign investment during 2022.
Contracting

August 2023

Pentagon Targets Foreign Military Sales Reforms

By Nooree Lee
The Defense Department announced June 13 that the secretary of defense approved recommendations for strengthening the foreign military sales program and instructed FMS-implementing agencies to move forward with these recommendations.
Defense Contracting

June 2023

Federal Circuit Weighs In on Bid Protest Standing

By Andrew Guy and Kayleigh Scalzo
The United States Court of Appeals for the Federal Circuit May 10 issued a decision regarding bid protest standing in CACI, Inc.-Federal v. United States et al. In that decision, the court declared previous decisions to no longer be good law and held that the United States Court of Federal Claims erred in finding the protester to lack standing.
Defense Contracting

May 2023

Increased Climate Disclosure Burden Coming for Contractors

By Chanda Brown , Alex Hastings and Bob Huffman
Federal contractors are awaiting issuance of new procurement regulations targeted at ensuring public disclosure of greenhouse gas, or GHG, emissions and climate-related financial risk and also setting science-based GHG reduction targets.
Global Defense Market

April 2023

U.S. Foreign Military Sales Bounce Back

By Nooree Lee
In January, the Defense Security Cooperation Agency announced the U.S. arms transfer figures for fiscal year 2022, showing that U.S. defense sales to foreign militaries bounced back after two years of decline.
Defense Contracting

April 2023

Will 2023 Be an Inflection Point for CFIUS?

By David N. Fagan , Brian Kim and Jonathan R. Wakely
On the heels of Russia’s invasion of Ukraine, pandemic-induced supply chain disruptions and U.S.-China tensions over Taiwan, 2022 accelerated a sweeping effort within the U.S. government to make national security considerations — especially with respect to China — a key feature of new and existing regulatory processes.
Defense Contracting

March 2023

2023 NDAA Makes Notable Changes to FedRAMP Program

By Susan Cassidy , Moriah Daugherty and Ashden Fein
On Dec. 23, President Joe Biden signed the James M. Inhofe National Defense Authorization Act for fiscal year 2023 into law.
Budget

February 2023

2023 NDAA Provides New Opportunities for Industry

By Stephanie Barna , Alex Hastings and Michele Pearce
The 4400-page 2023 National Defense Authorization Act authorizes $858 billion in total defense spending and contains several provisions that will be of interest to companies across industries that do business with the U.S. government.