intellectual property | The Contracting Education Academy

March 15, 2021 By cs

2021 NDAA includes numerous provisions impacting government contracts

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/

January 20, 2021 By cs

Pentagon launches online marketplace to pair small firms with ‘trusted’ investors

The Defense Department on Wednesday rolled out a new initiative meant to protect its future supply chain from investors that might seek to turn U.S. intellectual property into foreign military capabilities.

The “trusted capital” program — first authorized by Congress in 2017 — has already been up and running as a pilot effort in some pockets of DoD. Officials announced Wednesday they had quietly expanded it to a wider pool of vendors and investors in December via an online marketplace, and are now actively seeking more applicants.

The program works by pairing “capital providers” the Defense Department has vetted with small and medium-sized companies who are working on dual-use or military technologies, but need influxes of cash to get their products off the ground.

The main objective is to keep those firms from partnering with investment funds that exist primarily to take an ownership stake in a U.S. company’s intellectual property and then transfer it to China or other potential adversaries, said Ellen Lord, the undersecretary of Defense for acquisition and sustainment.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2021/01/pentagon-launches-online-marketplace-to-pair-small-firms-with-trusted-investors/

Also see DOD Launches ‘Speed Dating App’ Connecting Vetted Capital With Tech Companies at: https://www.nextgov.com/cio-briefing/2021/01/dod-launches-speed-dating-app-connecting-vetted-capital-tech-companies/171423/

September 29, 2020 By cs

Pentagon acquisition chief hints Section 889 supply chain waiver may be extended

The Pentagon and the Office of the Director of National Intelligence are discussing extending a waiver that gives the defense industrial base more time to ensure certain noncritical weapons systems comply with a new rule aimed at excising Chinese telecommunications equipment from the supply chain, according to the Defense Department’s acquisition chief.

Undersecretary for Acquisition and Sustainment Ellen Lord talked briefly about implementation of Section 889 Part B, a provision of the 2019 National Defense Authorization Act, during a Defense News Conference. Her remarks came a day ahead of a feedback webinar the General Services Administration will host to solicit questions, comments and concerns from stakeholders about Section 889 implementation.

“So what we did is we got a waiver from ODNI for noncritical weapons systems,” Lord said. “We continue to discuss an extension beyond September of that with them.”

Part B of Section 889 officially went into effect August 13, about a month after the final version of the rule was released in July. The rule prohibits federal agencies from contracting with entities that use equipment from certain covered companies including Huawei and ZTE. In effect, Part B requires contractors to search through their supply chains to determine and disclose to the government whether they use any of the covered equipment or services.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/09/pentagon-acquisition-chief-hints-section-889-supply-chain-waiver-may-be-extended/168332/

August 20, 2020 By cs

Ban on Chinese products starts despite confusion over acquisition rule

The second and more arduous deadline for agencies and vendors to ensure they are no longer using certain Chinese made telecommunications products and services is here, and few are happy about it.

Industry and agencies alike continue to sound the alarm about the potential and real impacts of the interim rule implementing part B of Section 889 of the 2019 National Defense Authorization Act.

“There is likely going to be significant impacts that will be felt across the federal sector,” said one government official, who requested anonymity in order to talk more candidly about the interim rule. “It’s very clear that the Defense Department and other agencies fully support the intent of the rule. We all know there is a lot of information about how China transmitted data and stole intellectual property so the intent of the rule is to protect our national security is good. But there will be unintended consequences because of how the specific language was written.”

Under the interim rule, which remains open for comments through mid-September, agencies cannot award new contracts, task orders or modify existing contracts to any vendor who doesn’t self-certify that they are not using products from Chinese companies like ZTE and Huawei.

Keep reading this article at: https://federalnewsnetwork.com/acquisition-policy/2020/08/ban-on-chinese-products-starts-today-despite-confusion-over-acquisition-rule/

January 13, 2020 By cs

3 must-read acquisition provisions in the 2020 NDAA

After a long Congressional conference period the 2020 Defense Authorization Act (NDAA) was finally signed into law, and with it come some changes to the defense acquisition process.

Federal News Network compiled three provisions that are particularly interesting regarding the procurement of military weapons.

These provisions involve intellectual property, middle-tier acquisition, and the establishment of a Defense Civilian Training Corps, and are summarized here:

The 2020 NDAA gives DoD more leeway in experimenting with that policy by creating a pilot program on intellectual property evaluation.
The middle-tier acquisition method allows for rapid prototyping and fielding within five years, as long as certain criteria are met.
The Defense Civilian Training Corps will train civilians for public service in the Department of Defense.

Read the complete Federal News Network article at: https://federalnewsnetwork.com/defense-main/2019/12/three-must-read-acquisition-provisions-in-the-2020-ndaa/

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 Defense Department on Wednesday rolled out a new initiative meant to protect its future supply chain from investors that might seek to turn U.S. intellectual property into foreign military capabilities.

The second and more arduous deadline for agencies and vendors to ensure they are no longer using certain Chinese made telecommunications products and services is here, and few are happy about it.

After a long Congressional conference period the 2020 Defense Authorization Act (NDAA) was finally signed into law, and with it come some changes to the defense acquisition process.

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