The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill.
The Senate’s move, the final step in the legislative process, followed the House’s earlier vote to override President Trump’s veto in December 2020.
The FY21 NDAA sets funding levels and outlines policy priorities for the U.S. Department of Defense (DoD). It also addresses many areas of importance to government contractors, including acquisition policy and management, supply chain and industrial base matters, and small business issues. The final version of the NDAA produced by negotiators on the Conference Committee included provisions from earlier House and Senate versions, which we summarized in an earlier article.
This article includes our annual summary, by topic, of the most relevant provisions of the FY21 NDAA for government contractors. As detailed below, some of the provisions from the earlier House and Senate versions of the NDAA that we highlighted in our previous article were not accepted into the final version. As we’ve previously summarized, the NDAA also includes numerous provisions addressing cybersecurity and artificial intelligence policies with ramifications far beyond DoD, including implementing recommendations from the Cyberspace Solarium Commission’s 2020 Report.
Keep reading this article at: https://www.jdsupra.com/legalnews/national-defense-authorization-act-for-5444697/
Some are effective immediately, while some are bound for rulemaking and regulation and surface years from enactment.
The Proposed Rule will eliminate the current FAR definition of “commercial item” and replace it with separate definitions for “commercial products” and “commercial services. The proposed definitions are designed to benefit both contractors and the acquisition workforce by simplifying the application of the “commercial” concept and providing greater clarity on the scope of each term.
Industry has been waiting with bated breath for the audits as part of CMMC implementation, which is meant to protect defense industrial base networks and controlled unclassified information from cyberattacks. Contractors will be required to meet different levels of security — Level 1 being the lightest and Level 5 the most stringent — depending on the type of work they are performing. The new rules will require contractors to be certified by third-party auditors to ensure that companies are adhering to certain standards.
Two original members of the advisory board have recently left. John Weiler, CEO of the IT Acquisition Advisory Committee (IT-ACC), and Jim Goepel, the CEO and general counsel for Fathom Cyber LLC, are no longer listed on the main board of directors section.
