Tag Archives: DFARS

FAR 2.0 Update: Deviations and FAR Companion Guide

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SmallGovCon readers may have read up on recent posts regarding the the Revolutionary FAR Overhaul, or simply RFO. For background, our earlier posts regarding various aspects of the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19, FAR Part 12, FAR Part 15, FAR Part 33.

While the drumbeat of new FAR part revisions ended in October 2025, the RFO has not gone away. In fact, it’s kind of the opposite. The RFO revisions have now been adopted by many federal agencies as deviations, including the Department of Defense/War (DoW). Here is an update on the deviations and the FAR Companion guide.

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SmallGovCon Week in Review: August 19-23, 2024

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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

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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

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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

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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

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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

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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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