Archives: Department of Defense (DoD)

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Department of Defense Issues Final Rule on Network Penetration Reporting and Contracting for Cloud Services

Last week, the Department of Defense adopted as final, with several changes, its interim rule amending the DFARS on “Network Penetration Reporting and Contracting for Cloud Services.”  The changes went into effect immediately, as of October 21, 2016. Among the changes in the final rule, DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, […]

The “American Rule” in Bid Protests

On June 14, 2016, the Senate passed the National Defense Authorization Act for Fiscal Year 2017 (NDAA). The Senate bill would change two important aspects of bid protests filed with the Government Accountability Office (GAO). First, the Senate NDAA would impose a “loser pays” scheme on bid protests. Specifically, the new language would require protesters […]

The Limited Applicability of the Severin Doctrine

A recent Armed Services Board of Contract Appeals (ASBCA) decision discusses the Severin doctrine and its impact on subcontractor pass-through claims, confirming that this defense to liability may only be used in very limited circumstances by the Government.  As a refresher, in a 1943 decision, Severin v. United States,[1] the Court of Claims held that a […]

DoD New Cyber Security Reporting Rules for Contractors

In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interim Rule (“Rule”) that imposes new security and reporting requirements on federal contractors, and new requirements for DoD cloud computing contracts. The Rule requires federal contractors to report cyber incidents that result in an actual or potentially […]
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