This past March marked the beginning of a more fulsome required debriefing process for defense contracts.  The Director of Defense Procurement and Acquisition Policy (“DPAP”) issued a class deviation memorandum, effective March 22, 2018, requiring contracting officers to: (1) provide unsuccessful offerors an opportunity to submit additional questions within two days after receiving a debriefing; and (2) hold the debriefing open until the agency delivers written responses.  The class deviation implements Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA”).
Continue Reading Any Questions? : Department of Defense Implements FY 2018 NDAA Requirement for Post-Debriefing Q&A Process

On February 25, 2015, the Office of the Secretary of Defense (AT&L) issued a memorandum containing an agency “Scorecard” for the implementation of the DFARS clause on safeguarding Unclassified Controlled Technical Information (“UCTI”).  The final UCTI rule was published on November 18, 2013 and required the new DFARS clause 252.204-7012−which imposes requirements for (1) safeguarding UCTI that is “resident on or transiting through contractor unclassified information systems,” and (2) reporting cyber incidents and UCTI compromises−to be included in all solicitations and contracts, including those for commercial items.  The Defense Procurement and Acquisition Policy (“DPAP”) office reviewed contract clause compliance data for the first quarter of 2015 and found that DFARS clause 252.240-7012 was included in only 65% of new awards.
Continue Reading DoD Memo Reveals Poor Scorecard for Agency’s Inclusion of the UCTI DFARS Clause in New Contracts