There have been a relatively limited number of U.S. Foreign Corrupt Practices Act (FCPA) enforcement actions in recent years. Nonetheless, two recent announcements (one resolution, one declination) by U.S. regulators...more
This UPDATED post summarizes the situation as of late evening on Monday, February 28, concerning current U.S. sanctions and export restrictions related to Russia and Ukraine. This post supplements our post of late evening on...more
3/1/2022
/ Asset Freeze ,
Banks ,
Biden Administration ,
Economic Sanctions ,
Executive Orders ,
Export Controls ,
Exports ,
Financial Institutions ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SWIFT ,
Ukraine
This UPDATED post summarizes the situation as of late evening on Friday, February 25, concerning current U.S. sanctions and export restrictions related to Russia and Ukraine. This post supplements our post of late evening on...more
2/28/2022
/ Biden Administration ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
Export Controls ,
Exports ,
Licensing Rules ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
U.S. Commerce Department ,
Ukraine ,
Vladimir Putin
This UPDATED post summarizes the situation as of late evening on Thursday, February 24, concerning current U.S. sanctions and export restrictions related to Russia and Ukraine. This supplements our post of late evening on...more
While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more
On August 3, 2021, the U.S. State Department Directorate of Defense Trade Controls (DDTC) issued an order laying out charges and imposing a monetary penalty of $6.6 million on Keysight Technologies, a U.S. technology and...more
8/20/2021
/ China ,
Commodities ,
Consent Agreements ,
Directorate of Defense Trade Controls (DDTC) ,
Enforcement ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
ITAR ,
Penalties ,
Russia ,
Software ,
Technology
The FAR Council recently published its proposed rule to implement a part of President Biden’s January 28, 2021 Executive Order No. 14005 (EO 14005), which dictated certain revisions to the Buy American Act (BAA) regulations....more
As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award...more
After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order for technology service desk operations by the U.S. Customs and Border Protection (CBP or the...more
Since August 13, 2019, the government has been prohibited from procuring equipment or services using “covered telecommunications equipment or services” as a substantial or essential component of any system according to the...more
With the much-anticipated release of the Small Business Administration (SBA) Interim Final Rule on affiliation under the Paycheck Protection Program (PPP) late on April 3, those waiting with bated breath for any clarification...more
The U.S. government continues to take action in an effort to slow the spread of the COVID-19 virus. In so doing, the government has provided insight into those industries and operations deemed to be essential to U.S....more
• Virtually all transactions with government prohibited
• Most transactions with private sector parties still permitted
• Practical challenges make Venezuela transactions difficult, including for non-U.S. parties
On...more
On February 15, 2019, the Government Accountability Office (GAO) issued a consequential decision for those contractors who will compete for federal contracts as part of a mentor-protégé joint venture. In Ekagra Partners, LLC,...more
• The World Bank aggressively pursues sanctions against entities and individuals for misconduct in connection with Bank-funded projects
• Sanctions can lead to cross-debarment by other multilateral development banks and...more
• Mandatory declarations of certain transactions now required
• Certain changes to pre-existing regulations also announced and effective immediately
• Mandatory declaration requirement may not ease burden on parties...more
11/1/2018
/ Acquisitions ,
CFIUS ,
Controlled Foreign Corporations ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
New Rules ,
Notice Requirements ,
U.S. Treasury
Conditioned Agreements to Negotiate (CAN) -
When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more
10/30/2018
/ Acquisitions ,
Affiliated-Business Arrangements ,
Agreement To Negotiate ,
Business Ownership ,
Buyers ,
Contract Negotiations ,
Due Diligence ,
Federal Contractors ,
Letters of Intent ,
Office of Hearings and Appeals (OHA) ,
SBA ,
Sellers ,
Selling a Business ,
Small Business ,
Terms and Conditions
On September 24, 2018, the U.S. Department of Veterans Affairs (VA) issued a final rule that alters its regulations governing the Veteran-Owned Small Business Verification Program. The final rule, “VA Veteran-Owned Small...more
9/26/2018
/ Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
NDAA ,
New Rules ,
Ownership Rules ,
SBA ,
SDVOSB ,
Small Business ,
Vendors ,
Verification Requirements ,
Veterans
• Previously permissible activities must be wound down in 90 or 180 days
• Non-U.S. companies at particular risk of enforcement action
• Only limited guidance issued so far, unclear what authority U.S. companies...more
Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts...more
3/1/2018
/ Civil Monetary Penalty ,
Criminal Prosecution ,
Damages ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Misrepresentation ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Settlement Agreements ,
Small Business
•Many medical products can be exported to Iran – so long as a license is obtained
•Imposition of successor liability underscores importance of pre-transaction due diligence
•OFAC enforcement, as in the past, continues...more
1/10/2018
/ Aggravating Factors ,
Distributors ,
Due Diligence ,
Enforcement Actions ,
Exports ,
Iran Sanctions ,
Licenses ,
Manufacturers ,
Medical Supplies ,
Mergers ,
Mitigating Factors ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Sanction Violations ,
Statute of Limitations ,
Subsidiaries ,
Successor Liability ,
Voluntary Disclosure
The Government recently indicted an Army veteran for allegedly using his status as a service-disabled veteran to help a company qualify as a service-disabled veteran-owned small business and falsely obtain nearly $40 million...more
More Acquisitions May Be Blocked in the Future -
Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more
It is rare for companies to go to court to fight penalties imposed by the Office of Foreign Assets Control (OFAC) for violations of U.S. sanctions. It is even more rare for a court to make any sort of finding against the...more
6/24/2017
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Remand ,
Sanction Violations ,
Subpoenas
Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification...more
4/18/2017
/ Cybersecurity ,
Data Protection ,
Electronic Reporting ,
Federal Contractors ,
General Services Administration (GSA) ,
Modification ,
Multiple Award Schedule (MAS) ,
Paid Sick Leave Act ,
Service Contract Labor Standards (SCLS) ,
Small Business ,
Subcontracts