If your business holds a U.S. security clearance — or is in the process of applying for one — take note of two big changes at the Defense Counterintelligence and Security Agency (DCSA). First, after more than 25 years, the National Industrial Security Program Operating Manual (NISPOM) is now being codified in the Code of Federal Regulations. Second, DCSA is replacing the Joint Personnel Adjudications System (JPAS) with the new Defense Information Security System (DISS).…

David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the ninth of the top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether…

To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute Resolution Procedures (including its Arbitration and Mediation Rules), which became effective on March 1, 2021. The general thrust of these changes was to increase efficiency and cost-effectiveness. The…

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority. The GAO’s decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs. The Facts On November 12, 2020, the Air Force issued a solicitation seeking “white papers or solution briefs” responding to the need for…

For our friends who litigate (or arbitrate!) in Alabama, take note of this recent Alabama Supreme Court decision. Although not a construction case, this recent decision dramatically illustrates what not to do if you want to arbitrate your dispute, as is the preferred dispute resolution mechanism in many design and construction contracts. In The Health Care Authority for Baptist Health et al. v. Dickson, the court found that a party to a contractual arbitration provision…

David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the eighth of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in…

The Federal Acquisition Regulation (FAR) Council recently issued its long-awaited final rule limiting the ability of civilian agencies to use the Lowest Price Technically Acceptable (LPTA) procurement method. The final FAR rule — which takes effect on February 16, 2021, and largely tracks the language contained in the Defense Federal Acquisition Regulation Supplement (DFARS) final rule from 2019 — is codified at FAR 15.101-2. What is LPTA? The LPTA method is a competitive negotiation source…