In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more
On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and...more
On October 5, 2023, the FAR Council released an Interim Rule on “Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders.” The Interim Rule implements requirements from Section 202 of the Federal...more
On August 23, 2023, the White House’s Office of Management and Budget (“OMB”) issued its notification of final guidance implementing Title IX of the Infrastructure Investment and Jobs Act (“IIJA”) – the Build America, Buy...more
9/19/2023
/ Audits ,
Build America Investment Initiative ,
Buy America ,
Code of Federal Regulations (CFR) ,
Country of Origin ,
Federal Grants ,
Final Rules ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
OMB ,
Proposed Rules ,
Supply Chain ,
Trade Agreements Act
Coinciding nicely with the discussion of “Buy America” priorities at the February 7, 2023 State of the Union address, on February 9, 2023 the White House’s Office of Management and Budget (“OMB”) issued a proposed rule to...more
2/22/2023
/ Buy America ,
Code of Federal Regulations (CFR) ,
Comment Period ,
Country of Origin ,
Federal Grants ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
OMB ,
Proposed Regulation ,
Proposed Rules ,
Supply Chain ,
Title IX
The United States is engaging in a new form of warfare. Russia invaded Ukraine just over two months ago and, rather than join the fight directly by sending troops to defend Ukraine, the United States is fighting indirectly by...more
4/29/2022
/ Biden Administration ,
Economic Sanctions ,
Embargo ,
Executive Orders ,
Export Controls ,
Federal Contractors ,
Federal Procurement Systems ,
Russia ,
State Action Doctrine ,
Supply Chain ,
Ukraine
Over a year after the Biden Administration issued Executive Order 14005 on “Ensuring the Future is Made in America by All of America’s Workers,” (discussed previously here) the Federal Acquisition Regulatory Council (“FAR...more
On January 19, 2021, the Federal Acquisition Regulatory Council published the final rule amending the Federal Acquisition Regulation (“FAR”) in accordance with President Trump’s Executive Order 13881, “Maximizing Use of...more
On September 14, 2020, the Federal Acquisition Regulatory Council published the long anticipated proposed rule amending the Federal Acquisition Regulation (“FAR”) in accordance with President Trump’s Executive Order 13881,...more
On January 7, 2020, the National Aeronautics and Space Administration (“NASA”) published a proposed rule seeking to amend the NASA Federal Regulation Supplement regarding counterfeit electronic parts. The proposed rule would...more
2/3/2020
/ Congressional Committees ,
Counterfeit Parts ,
Department of Defense (DOD) ,
DFARS ,
Electronics ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NASA ,
Proposed Rules ,
Subcontractors ,
Supply Chain
Trade Agreements Act compliance changed fundamentally three years ago. Or, so we thought on December 7, 2016, when the U.S. Court of International Trade (“CIT”), the appellate body for country of origin determinations issued...more
11/26/2019
/ China ,
Court of International Trade ,
Customs and Border Protection ,
Federal Contractors ,
Importers ,
Imports ,
Manufacturers ,
Procurement Guidelines ,
Subsidiaries ,
Supply Chain ,
Trade Agreements Act