Tag Archives: National Defense Authorization Act

Senate Committee Directs DoD to Reduce Drug Prices

In its Report on the National Defense Authorization Act for Fiscal Year 2018, the Senate Armed Services Committee (the “Committee”) included an “Item of Special Interest” directing the DoD to exercise its rights under the Bayh-Dole Act “to authorize third parties to use inventions that benefited from DOD funding whenever the price of a drug, … Continue Reading

GAO’s Task Order Protest Jurisdiction Expires Today

GAO’s jurisdiction over protests of civilian agency task and delivery orders valued at more than $10 million will sunset today. 41 U.S.C. § 410(f)(3).  GAO will continue to have jurisdiction over Department of Defense task and delivery orders over $10 million — Congress made that jurisdiction permanent in 2011.  10 U.S.C. § 2304c(e). Pending protests … Continue Reading

Strict DoD Sourcing Requirements for PV Devices

As part of an ongoing Department of Defense (“DoD”) effort to increase its energy efficiency,  late last month the U.S. Army committed to develop its largest renewable energy project to date — a 65MW  wind and solar  project at Fort Hood.  This ambitious project will need to comply with the latest DoD rules regarding sourcing … Continue Reading

NDAA — Vetoed for Now — Includes New Cybersecurity Provisions for Contractors

On October 22, 2015, President Obama vetoed the National Defense Authorization Act (“NDAA”) for Fiscal Year 2016.  In so doing, the President cited concerns over provisions keeping in place the sequester, preventing reforms to modernize the military, and making it more difficult to close Guantanamo Bay.  As a result, the acquisition provisions of the 2016 … Continue Reading

Competing Bills Focus on Cybersecurity Information Sharing But Final Language and Ultimate Passage Remain Unknown

There are currently three major cybersecurity-related bills pending in the 114th Congress that address information sharing among private entities and between private entities and the federal government: the Protecting Cyber Networks Act (PCNA), H.R. 1560, the National Cybersecurity Protection Advancement Act of 2015 (NCPAA), H.R. 1731, and the Cyber Security Information Act of 2015 (CISA), … Continue Reading

Contracting Officers Must Soon Separately Justify Awards to Offerors Proposing High-Percentage or “Pass-Through” Subcontracting

Over the past decade, Congress has focused on eliminating excessive “pass-through” charges—charges defined as overhead costs or profits passed to the Government by contractors adding negligible value over work done by lower-tier contractors.  The efforts began with the Post-Katrina Emergency Management Reform Act of 2006, which introduced limitations on tiered subcontracts after allegations that the … Continue Reading

Potential Relief for Contractors Subject to Rapid Reporting Requirements

During markup of the 2016 National Defense Authorization Act (“NDAA FY 2016”) on April 27, House Armed Services Committee Chairman Mac Thornberry (R-TX) proposed an amendment that would provide liability protection to certain Department of Defense (“DoD”) contractors for properly reporting cyber incidents on their networks and information systems. This amendment relates back to two … Continue Reading

An Acceptable Proposal: Set Appropriately High, Clear Standards for DoD’s Auditors and LPTA Competitions

On April 30, 2015, the House Armed Services Committee passed H.R. 1735, the National Defense Authorization Act for Fiscal Year (“FY”) 2016, with an amendment (Log #325rl) that could shape how the Department of Defense (“DoD”) acquires audit and audit readiness services for its Financial Improvement and Audit Readiness (“FIAR”) Plan. Under the FIAR Plan, … Continue Reading

Federal Information Technology Reform Act Included in the House-Passed NDAA FY 15

A major piece of IT acquisition reform legislation called the Federal Information Technology Acquisition Reform Act (“FITARA”), on which we have previously reported, was included in version of the National Defense Authorization Act for Fiscal Year 2015 (“NDAA FY 15”) passed by the House on December 4, 2014, along with other significant IT reform provisions related to … Continue Reading

DoD to Impose Yet Another Form of Rapid Reporting Requirements

The National Defense Authorization Act for Fiscal Year 2015 (“NDAA FY 15”) was passed by the House of Representatives on December 4, 2014, and is expected to pass in the Senate.  Among NDAA FY 15’s cybersecurity and acquisition provisions are directions for the Secretary of Defense to establish rapid reporting requirements for “operationally critical contractors.” … Continue Reading

DOD Rapid Reporting Regulations Further Delayed

The Department of Defense (“DOD”) has once again delayed the promulgation of regulations requiring DOD contractors to rapidly report data breaches and allowing DOD to access the contractor’s equipment to conduct a forensic analysis.  The National Defense Authorization Act for Fiscal Year 2013 originally required an ad hoc committee to provide a report to the Defense Acquisition Regulations Council in March 2013.  The … Continue Reading
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