Contractors Had a Strong Success Rate Before the CBCA in FY 2023

By Daniel Russell Jr. on January 16, 2024

Posted in Audits, Claims and Contract Disputes, Commercial Items, FAR, Government Contracts Regulatory Compliance, GSA Schedule

The Civilian Board of Contract Appeals has published its annual report for FY 2023, providing data regarding the number of appeals and contractor success rates at the Board. The data illustrated a number of noteworthy points — and a few welcome trends — for the contracting community.Continue Reading Contractors Had a Strong Success Rate Before the CBCA in FY 2023

Takeaways From DoD’s Proposed Changes to Commercial Item Contracting

By Susan B. Cassidy & Alexis N. Dyschkant on September 13, 2018

Posted in Commercial Items, COTS, Defense Industry, Government Contracts Regulatory Compliance, Procurement Policy, Procurement Reform, Subcontracting

[This article was originally published in Law360 and has been modified for the blog.]

Over the summer, pursuant to Section 874 of the FY 2017 National Defense Authorization Act (“NDAA”)[1], the Department of Defense (“DoD”) issued a proposed rule [2] to exclude the application of certain laws and regulations to the acquisition of commercial items, including commercially available off-the-shelf (“COTS”) items. Among other things, the proposed rule identifies certain DFARS and FAR clauses that should be excluded from commercial item contracts and subcontracts, and sets forth a narrower definition of “subcontract” that would carve out a category of lower-tier commercial item agreements from the reach of certain flow-down requirements. A summary of the proposed rule and our key observations/takeaways are below.
Continue Reading Takeaways From DoD’s Proposed Changes to Commercial Item Contracting