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ARTICLE · 28 DECEMBER 2017

What Defense Contractors Should Expect: Important Changes In The 2018 NDAA

Jones Day
Jones Day
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On December 12, 2017, President Trump signed the 2018 National Defense Authorization Act for Fiscal Year 2018, H.R. 2810.

United StatesGovernment, Public Sector
J. Andrew Jackson
J. Andrew Jackson
Fernand Lavallee
Fernand Lavallee
Cherie J. Owen
Cherie J. Owen
Robin Overby
Robin Overby
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In Short

The Situation: On December 12, 2017, President Trump signed the 2018 National Defense Authorization Act for Fiscal Year 2018, H.R. 2810. Title VIII of the Act contains a number of provisions that could affect defense contractors.

The Result: Congress has created enhanced post-award rights for offerors, directed the Secretary of Defense to take proactive measures concerning intellectual property and data rights, mandated a program to procure commercial products through commercial e-commerce portals, and modified requirements for disclosing cost or pricing data.

Looking Ahead: In 2018, we can expect to see disappointed offerors exercising their post-award rights, the Department of Defense making efforts to increase its understanding of intellectual property and data rights, and implementation of an e-commerce procurement plan.

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