SmallGovCon Week in Review: August 19-23, 2024

Hello and happy Friday! Here, in Lawrence, Kansas, the kids have started school and the college students are busy moving in and preparing to start classes. It always feels like such a big shift in the energy with all the excitement and the many back to school events taking place.

This week in federal government contracting, the recent headlines highlight a wide array of developments within federal operations, emphasizing both accountability and innovation. You can read more about this week’s news in the articles below. Enjoy your weekend!

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SmallGovCon Week in Review: May 27-31, 2024

Happy Friday! Can you believe that tomorrow is already June? We are getting some rain here in the Midwest to kick off summer, so I’m sure those lawn mowers will be out in full force this weekend. My tomato plants are growing tall and it won’t be long before we have an abundance of summer produce. We hope you have a wonderful weekend and can get out and enjoy some sunshine.

This week in federal contracting news, there are new contracts coming out in the telecom and IT sectors, and DoD is looking to update how it deals with data management.

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2024 NDAA will Update DFARS to Require Evaluation of Small Business Affiliate Past Performance

The 2024 NDAA is directing quite a change in past performance evaluations for offerors in Department of Defense acquisitions. Historically, an offeror’s affiliate’s past performance is not automatically considered along with the offeror’s proposal, although an agency could consider it. The 2024 NDAA, though, has actually mandated a change within the DFARS that will up-end this long-held tenet for Department of Defense contracts.

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DFARS Data Rights Provisions in Action

Back in April 2022, we looked at how data rights are handled by the Department of Defense in the DFARS (Defense Acquisition Regulation Systems), and prior to that, we explored many of the regulations regarding data rights and similar intellectual property. This is all well and good, but many of you probably wonder what this might look like when it is applied in the real world. For this, we turn to a recent case in front of the Court of Federal Claims (COFC) involving Raytheon concerning what exactly is “technical data.”

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The DFARS Approach to Data Rights

We have discussed data rights in the general federal government context, now it is finally time to look at the DFARS’ approach to this area of intellectual property. One thing: The DFARS (Defense Acquisition Regulation Systems) does not replace the FAR. It is a supplement, not a completely different set of rules. That said, there are certain nuances that the contractor needs to be aware of in order to navigate the DoD’s requirements.

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DOD Construction: House-Passed 2022 NDAA Establishes Preferences for Local Contractors

Local construction contractors would receive new contracting preferences for Department of Defense contracts under the version of the 2022 National Defense Authorization Act passed by the House of Representatives on September 23.

During floor debate on the 2022 NDAA, the House agreed to an amendment proposed by representative Andy Kim. The amendment requires, to the extent practicable, that DOD give a preference to construction contractors who hire local employees. The amendment also requires all contractors and subcontractors for military construction projects to be licensed in the state where the work is to be performed.

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DoD Proposes DFARS Amendment to Enhance Debriefings

Receiving a notice that a competitor received an award can be a punch to the gut. This feeling is compounded when the requested debriefing is short on details. Offerors are normally left with more questions than answers.

The DoD has proposed to amend the DFARS to enhance debriefings in certain procurements. The correct amount of information in a debriefing is an ever-moving target; hopefully, this new proposed amendment will be a step in the right direction.

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