Defense contractors may soon face changes to their rights in computer software and technical data.
The U.S. Department of Defense (DOD) has proposed revisions to the Defense Federal Acquisition Regulation Supplement (DFARS) designed to shift intellectual property rights terms from the current standard to terms that are more individualized by contract – resulting in ownership and license rights that are more favorable to the government and less favorable to contractors. Among other changes, the new rules will require contractors to assign monetary value to their technical data and computer software in proposals. The new rules also will encourage the government to negotiate for special license rights.
HOLT Officials at Certified Manufacturing Inc. say the company’s recent achievement of complying with new stringent cyber security requirements puts it in an even stronger economic position heading into 2021.
The small electronics manufacturing company opened in 1998 and is led by its owner and president, Pamela Bechtold, and her husband, CMI Vice President Bob Bechtold.
The company specializes in the manufacture and test of cables, wire harnesses and circuit cards, parts procurement and other services for defense, aerospace, civilian and Homeland Security agencies.
Michelle Rasbeck, CMI’s director of administration/contracts, said Tuesday that the Department of Defense recently created a mandatory requirement for all companies that want to continue to conduct business with the DoD to comply with very high-level cyber security requirements.
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Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the procurement-related provisions that likely will remain once the NDAA is enacted and will be of wide interest to federal contractors. Note that many of these new statutory provisions will require implementation through notice-and-comment rulemaking before they are likely to have any practical effect on contractors.
Our colleagues in MoFo’s National Security group have compiled their own summary, which analyzes a host of sanctions and related measures, including sanctions targeting Turkey’s purchase of a Russian air defense missile system, Russian energy export pipelines, and Chinese Military Companies and other activities in the United States. We encourage you to read it, as well, and to engage with ou
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