Eric Crusius is Senior Counsel and David Black is a
Partner in Holland & Knight's
Tysons office
This is the first blog post in a series of blogs analyzing
the current draft of the 2018 National Defense Authorization Act
(NDAA) as agreed-to by House and Senate negotiators on November 8,
2017. Stay tuned for additional blog posts covering additional
topics in the near future from Holland & Knight's
government contracts team.
The conference version of the 2018 NDAA (H.R. 2810) contains a couple of significant
changes that will impact bid protests. First, the NDAA
creates a pilot program that would require some larger unsuccessful
GAO protestors to pay DoD's protest costs. Second, new
enhanced debriefings will become standardized across DoD. We
examine these two changes here. It is important to keep in mind
that these changes are not yet effective; the conference version of
the NDAA has not yet passed Congress, and, even after passage,
regulations still have to be
