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The National Defense Authorization Act (NDAA) includes a Department of Defense (DOD) pilot that would require all contractors with $250 million in revenue in the previous year to pay for the cost of a failed contract protest. Currently restricted to DOD acquisition programs, the pilot could have a significant impact on IT procurement. “Depending on how the regulations are written, it could change the calculus for a lot of contractors,” said Eric Crusius, a senior counsel at Holland & Knight that specializes in government contracting.

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