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It’s an observation, but when both sides of Congress make similar recommendations in the National Defence Authorisation Act (2026 NDAA), there may be changes afoot to defence procurement.
Recommendations have been put forward by the House of Representatives and the Senate to overhaul Contractor Performance Assessment Reporting of DoD (DoW) contractors. (enclosed Senate Bill – Section 867)
When one considers the importance of the NDAA and the resources brought to bear on it, one has to ask why it includes requirements to overhaul and include mandatory reporting of
(C) Improper markings or rights assertions on technical data deliveries.–Incorrect or unauthorized markings on technical data or software, or improper assertions of restrictive rights, as verified by government review or legal findings.
(E) Failure to flow down required clauses to subcontractors.–Failure to include mandatory contract clauses in subcontracts, as verified by contract reviews or audits.
(F) False claims or misrepresentations.–Submission of false claims, fraudulent invoices, or misrepresentations, as substantiated by investigations, legal findings, or government records.
(H) Significant cybersecurity breaches or failures.–Failure to meet cybersecurity requirements or significant breaches caused by contractor negligence, as verified by government assessments or incident reports.
Much of which has tones of DFARS 7012, 7019, 7020, and 7021 compliance running through it.
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