Andrew Swick and Margaret M. Cassidy Part 2 of our FY26 NDAA reviews shifts from industrial base investment to changes the Department of Defense’s (DoD) acquisition process, organized into five subcategories: When Cost Accounting Standards (CAS) Apply Truth in Negotiations Act (TINA) Threshold Changes Compliance Exemptions for Nontraditional Defense Contractors Encouraging Commercial Purchases Cybersecurity and...

The SBA announced yesterday in a news release that it has suspended “over 1,000 contractors” from participating in the 8(a) Program because they did not turn in the documents the SBA demanded that the produce by the deadline of January 19, 2025. This announcement, is actually buried in the news release so too find this...

Prepare for Modifications: Since schedules were likely disrupted for many contracts and subcontracts you will likely need a modification to your performance schedule which in turn may impact your price and other SOW more generally. And, don’t forget we now have a revolutionized FAR so, that may result in mods as well. Request an Equitable...

The Path to Software Attestation Contractors will soon have to attest to the government that any software they provide to the Government is secure, based on the Government’s definition of secure. The path to software attestation requirements for contractors started in May 2021 when the White House issued Executive Order 14028, Improving the Nation’s Cybersecurity....

What Happens In a Shut Down It will happen fast! DoD guidance on the shutdown says it will take them about a half a day to shut down. Government facilities will be closed. The Government will define employees as essential or as non-essential. Essential government employees will be expected to continue working. Non-essential government employees...

The Government Has Banned TikTok The U.S. Government has banned from Government IT systems and Government devices, the TikTok app, or any application created or sold by ByteDance, the company that owns TikTok. The ban applies Government contractors and subcontractors to some degree as well. The ban was issued because of U.S. Government concerns that...

Overview There are times, when a government employee may ask a contractor to provide supplies or services without a contract; to provide supplies and services for free; or to start performance before a contract is signed. Most contractors will do so since they are relying on the guidance of those in the government on how...

Who Am I? A philosophical question that people have asked themselves for centuries is, “Who am I?” A big question that arguably we spend our lives trying to answer but never really get there. A question that is closely related to “Who am I” that you may be asking of your business is, “Am I...

Thoughts of suspension and debarment bring to my mind Bobby Darin’s song, Call Me Irresponsible: Call me irresponsible Yes I’m unreliable Why?  Because acquisition regulations require federal government contractors to be “responsible” businesses and the Uniform Guidance regulations require the same of non-profits and other entities that are awarded federal government cooperative agreements and federal...

Stating the obvious – fixed price contracts, in their essence, are when you agree to perform services or provide goods for a fixed price.  Carrying this through – if cost of performance increases – the contractor cannot increase the price – it’s a fixed price contract.  Similarly, if cost of performance goes down, the government...