If you are a Defense Contractor Attorney near Bennettsville SC, several government resources and tools can assist you in obtaining your first contract with the DoD. This step-by-step guide explains how to get started. It typically takes at least 18 months of planning before a government contractor wins their first contract. Plan to invest a significant amount of time and resources to prepare for acquisitions, identify potential opportunities, market to potential customers, develop proposals, implement your first DoD contract, and comply with DoD regulations. While it's not easy, several government resources and tools can help you get your first contract with the DoD.
The OE is aimed at the Department of Defense and its various branches, including the Army, Navy and Air Force. However, it could have a significant impact on defense contractors, especially those who are behind schedule or over budget. Compliance with contracts with federal, state and local governments involves important compliance obligations. Whether you're a prime government contractor or part of your supply chain, these regulations affect your products and services and the way you manage your business. Having a team of highly experienced advisors on your side is essential, given the significant risks that can come with violations of hiring laws and regulations.
From large aerospace and defense contractors to innovative and emerging technology companies and advanced manufacturers, our customers rely on us to help them achieve their business objectives while complying with government contracts and solving related problems. Instead, the prohibition and the administrative process for applying for government approval are addressed in subpart 42.12 of the FAR, which requires the transferor to submit the request for approval after having executed the instrument by which the assignment is made to the transferee. In an asset sale, parties generally must seek government approval after closing to effect at least part of the transaction. Another likely aspect of oversight will be compliance by contractors and suppliers with government cybersecurity requirements, especially those who are part of or support the defense industrial base.
The federal government is increasingly concerned about potential cybersecurity risks and vulnerabilities for contractors and suppliers, including the possibility of data breaches, intrusions by national states into sensitive networks, and other cyber risks. There are a number of obligations that impose varying burdens on contractors, and the government has increasingly sought to shift the burden to contractors in order to mitigate risks through a series of cybersecurity requirements and related enforcement mechanisms, such as recent executive orders and the use of the False Claims Act. In one of his last major acts in office, former President Biden signed into law a huge defense spending bill that could have important implications both for companies that contract with the Department of Defense (DoD) and for the lobbying firms that represent them. While all presidential administrations seek to streamline and facilitate defense acquisitions, this OE contains noteworthy approaches that defense contractors should be aware of.
Since defense spending accounts for approximately 60% of all government-wide contract expenditures, defense contracts could be subject to significant oversight under the new Administration. On April 9, 2025, President Trump signed an executive order (“EO”) entitled Modernizing defense procurement and stimulating innovation in the industrial base of Defense. The candidate for Secretary of Defense, Pete Hegseth, stated during his confirmation hearing on January 14, 2025 that, if confirmed*, he intends to use audits to identify potential waste and abuse in defense spending, and explained that he considers audits to be a “strategic prerogative of the Secretary of Defense.” Before the effective date, current and future defense contractors should carefully review the activities of their external lobbyists to ensure compliance. Noteworthy is the prohibition of requiring non-traditional defense contractors to disclose information on greenhouse gas emissions as a condition for the award, with case-by-case exceptions.
If the DCSA or another agency of the U.S. government. If the Department of State determines that the authorized contractor is subject to foreign ownership, control or influence, the contractor must reduce the level of interest in a manner satisfactory to the Government. The DCSA is also developing a pre-award entity selection process for companies that do not have authorizations, which will subject many more defense contractors to extensive property disclosure.
The next DCSA entity selection process, prior to the award, for unauthorized defense contractors will also evaluate the focus of interest and determine if mitigation is necessary. Lobbying firms that simultaneously represent defense contractors and Chinese military companies should consider how their activities could affect other current or future clients. While much of this oversight will focus, at least nominally, on Department activities, oversight work such as this can have a significant impact on defense contractors and their subcontractors and suppliers, whose performance is often evaluated as part of the auditing process and who may appear (sometimes, unfavorably) in public reports. For example, many government contractors in the field of defense and national security must keep a record with the State Department under the Regulations on International Traffic in Arms. The defense industrial base is critical to protecting critical defense infrastructure and has already announced multiple audits in 2025 focusing on cybersecurity issues.
The NDAA is approved annually for more than six decades and not only dictates defense policy, but also serves as a fundamental instrument for enacting hiring policies. affecting government contractors.
