Fiscal Year 2023 started on October 1 and, without a final set of Department of Defense (DoD) authorizations and appropriations, the DoD currently is operating under continuing resolution. A version of the National Defense...more
10/21/2022
/ Department of Defense (DOD) ,
Drones ,
Federal Contractors ,
Federal Procurement Systems ,
National Security ,
NDAA ,
Procurement Guidelines ,
Proposed Regulation ,
Regulatory Agenda ,
Semiconductors ,
Supply Chain ,
Unmanned Aircraft Systems
Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more
8/24/2022
/ Buy America ,
Buy American Act ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Made in the USA ,
Regulatory Violations ,
Supply Chain ,
Trade Agreements Act
Traditionally, a fixed price government contract is one in which the contractor absorbs the risks and costs of performance. Absent an economic price adjustment (EPA) clause in the contract, an unforeseeable event, such as a...more
In the wake of increasing cybersecurity threats and incidents, the U.S. Department of Defense (DoD) amended its Federal Acquisition Regulation Supplement (DFARS) in 2015 to issue the 252.204-7012, Safeguarding Covered Defense...more
Previously we reported on President Trump’s Executive Orders banning U.S. nationals’ investment in designated Chinese companies that pose a threat to our national security under the International Emergency Economic Powers...more
6/15/2021
/ Biden Administration ,
China ,
Cybersecurity ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
Investment ,
National Security ,
Popular ,
Supply Chain
Numerous pieces of legislation and regulation have been issued in recent years to address the increased threats to the supply chain. We previously reported on the various aspects of the Section 889 ban on the Government and...more
Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto:
Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the...more
3/22/2021
/ Biden Administration ,
China ,
Cybersecurity ,
Department of Defense (DOD) ,
DFARS ,
FCC ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
Internet of Things ,
National Security ,
Regulatory Oversight ,
Risk Management ,
Supply Chain ,
Telecommunications
If you don’t know about SolarWinds, then you haven’t been reading the news for the past six months. Last October 2020, it was reported that a widely-used networking tool that helps companies in the public and private sectors...more
President Biden entered office on January 20, 2021, without the usual parades, inaugural balls, and so forth that are the hallmarks of the establishment of a new administration. Typically only a few Executive Orders are...more
1/29/2021
/ Biden Administration ,
Census ,
Climate Change ,
Coronavirus/COVID-19 ,
Executive Orders ,
Immigration Reform ,
Infectious Diseases ,
LGBTQ ,
Masks ,
Military Service Members ,
Popular ,
Sex Discrimination ,
Supply Chain ,
Travel Ban
As government contractors, you have been caught between the Scylla and Charybdis of the COVID-19 pandemic. On the one hand, you have been required to continue to perform your government contracts to ensure the safety and...more
As a preface to this blog, I recently gave a presentation with Nate Picarsic and Emily de la Bruyere at the American Bar Association Public Contract Law Section Fall Procurement Symposium on “China’s Military-Civil Fusion...more
11/24/2020
/ China ,
Defense Sector ,
Executive Orders ,
Foreign Policy ,
Foreign Relations ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Publicly-Traded Companies ,
Risk Management ,
Securities Transactions ,
Supply Chain ,
Trump Administration
The saga of what is prohibited and what is covered by an exception to the National Defense Authorization Act, FY 2019, Section 889 prohibition on the use or delivery of covered telecommunications and video surveillance...more
9/3/2020
/ Cybersecurity ,
Data Security ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Procurement Guidelines ,
Supply Chain ,
Surveillance ,
Telecommunications
Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more
8/17/2020
/ China ,
Department of Defense (DOD) ,
Economic Sanctions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Final Rules (IFR) ,
National Intelligence Agencies ,
NDAA ,
Supply Chain ,
Surveillance ,
Telecommunications
On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more
8/3/2020
/ False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
Goods or Services ,
Interim Final Rules (IFR) ,
NDAA ,
Procurement Guidelines ,
Strict Compliance ,
Supply Chain ,
Surveillance ,
Telecommunications
Our blogs and alerts have reported on the increasing legislative and regulatory requirements to promote the security of the U.S. supply chain, including its cybersecurity....more
8/3/2020
/ China ,
Coronavirus/COVID-19 ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Justice (DOJ) ,
Federal Contractors ,
Foreign Adversaries ,
Hackers ,
Indictments ,
National Security ,
Popular ,
Risk Management ,
Supply Chain ,
Vulnerable Victims
On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more
Preparing the defense budget is not an easy thing. Typically, the goal is to have the bills passed by the House and Senate, and then to go into conference to resolve differences and develop a single bill that can pass through...more
7/9/2020
/ 5G Network ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Infrastructure ,
Legislative Agendas ,
National Security ,
NDAA ,
Procurement Guidelines ,
Research and Development ,
Supply Chain ,
Telecommunications ,
Trump Administration
House Version Still in Committee -
Preparing the defense budget is not an easy thing. Typically, the goal is to have the bills passed by the House and Senate, and then to go into conference to resolve differences and...more
It is now June 2020. The Department of Defense (DoD) initially projected that, this month, it would issue ten pilot Requests for Information (RFIs) as part of its efforts to develop the means for its implementation of the...more
In addition to providing relief to individuals, employees, small and non-small businesses, the Coronavirus Aid, Relief, and Economic Security (CARES) Act also mobilizes government and government contractors to address the...more
Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,...more
3/13/2020
/ Business Interruption ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Delay Claims ,
Emergency Management Plans ,
Federal Contractors ,
Force Majeure Clause ,
Foreign Commerce ,
Imports ,
Infectious Diseases ,
Liability Insurance ,
Performance Standards ,
Public Health ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Uniform Commercial Code (UCC)
At the end of December, China acknowledged the existence of the coronavirus, and this burgeoning heath crisis is becoming a supply chain problem. China, a major manufacturing hub for materials, products and components being...more
2/24/2020
/ Best Practices ,
Business Interruption ,
China ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Distributors ,
Emergency Management Plans ,
Force Majeure Clause ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Inventory ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Effects ,
Performance Standards ,
Policies and Procedures ,
Public Health ,
Reporting Requirements ,
Retail Market ,
Risk Management ,
Suppliers ,
Supply Chain ,
Third-Party Relationships
At the end of December, China acknowledged the existence of the coronavirus. We don’t know how long it has been around or how many people have actually contracted the virus. We do know the virus has spread at an alarming rate...more
2/13/2020
/ China ,
Emergency Management Plans ,
Emergency Response ,
Federal Contractors ,
Federal Procurement Systems ,
Global Marketplace ,
Health and Safety ,
Imports ,
Incident Response Plans ,
Infectious Diseases ,
Manufacturers ,
Public Health ,
Public Projects ,
Public Sector ,
Risk Management ,
Suppliers ,
Supply Chain
Earlier this month, it was reported that the National Security Agency (NSA) discovered a serious security flaw in Microsoft Windows 10 cryptographic functionality, CVE-2020-0601.That security flaw could render trust...more
2/4/2020
/ Controlled Defense Information (DDI) ,
Cybersecurity ,
Defense Sector ,
DFARS ,
Federal Contractors ,
Information Security ,
Just Compensation ,
Microsoft ,
National Security ,
National Security Agency (NSA) ,
Network Security ,
NIST ,
Popular ,
Security and Privacy Controls ,
Security Controls ,
Software ,
Supply Chain ,
Vulnerability Assessments
The Department of Commerce (Commerce) recently issued a proposed regulation to better secure the United States’ information and communications technology and services (ICTS) supply chain. The ICTS supply chain supports how...more
1/17/2020
/ Agricultural Sector ,
Banking Sector ,
Information Technology ,
National Security ,
Prohibited Transactions ,
Proposed Rules ,
Risk Assessment ,
Rulemaking Process ,
Suppliers ,
Supply Chain ,
Technology ,
Telecommunications ,
U.S. Commerce Department