News & Analysis as of

China National Defense Authorization Act Federal Acquisition Regulations (FAR)

Blank Rome LLP

Defense Contractors’ Restrictions When Contracting with Chinese Companies

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In the current economic climate, the obvious focus of many companies is on the administration’s imposition of tariffs. However, government contractors, especially those contracting with the U.S. Department of Defense (“DoD”),...more

Wiley Rein LLP

FAR Council Issues Interim Rule Prohibiting Procurement and Operation of Certain Unmanned Aircraft Systems

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WHAT: On November 12, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued an interim rule amending the FAR to implement the statutory prohibition on procurement and operation of unmanned aircraft systems...more

Morgan Lewis

US Government Continues Coordinated Efforts to Place Restrictions on Chinese Semiconductors

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The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...more

Wiley Rein LLP

FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

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WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for...more

Goodwin

The BIOSECURE Act and Its Potential Implications

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Proposed federal legislation known as the BIOSECURE Act is being considered in both the U.S. House of Representatives and the U.S. Senate....more

Wiley Rein LLP

Important NDAA Provisions for Contractors and Their Supply Chains

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On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

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The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more

Woods Rogers

Federal Contractor TikTok Prohibition

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You may have learned of a new FAR provision banning the use of TikTok by contractors and employees. Lawmakers and regulators are concerned that TikTok and its parent company, ByteDance, may put sensitive user data into the...more

Venable LLP

Department of Defense Expands Scope of Specialty Metals Restriction

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In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense...more

Venable LLP

Section 5949 - Congress's Latest Prohibition on Chinese Technology in Federal Procurement, and What It Means for Government...

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Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains. To contend with the attendant national security and economic risks (whether real or perceived), Congress...more

Eversheds Sutherland (US) LLP

The recently enacted 2023 National Defense Authorization Act adopts federal procurement restrictions for certain covered Chinese...

Amid the 4,000 pages of provisions in the recently enacted Fiscal Year 2023 National Defense Authorization Act (NDAA) are prohibitions and associated requirements relating to the federal procurement of certain Chinese...more

Holland & Knight LLP

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

Holland & Knight LLP on

President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

Wiley Rein LLP

The NDAA Includes Prohibitions Targeting Semiconductors Similar to Section 889

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WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more

Pillsbury Winthrop Shaw Pittman LLP

FCC Modifies Equipment Authorization Rules for Certain Chinese Manufacturers

The FCC seeks further comment on the revocation of existing equipment authorizations issued to manufacturers on FCC Covered List. Elimination of expedited approval procedures reduces possible evasion of FCC’s rules....more

Morgan Lewis

Defense Contractors Must Disclose China Work to US Government

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The Department of Defense issued an interim rule amending the Defense Federal Acquisition Regulation Supplement to require bidders on defense contracts to disclose when work will be performed in the People’s Republic of...more

Morrison & Foerster LLP

Biden Administration Carries Forward Trump Era Executive Order Scrutinizing Imports And Sales Of Certain Communications Technology...

On March 22, 2021, the Department of Commerce (“Commerce”) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became...more

Husch Blackwell LLP

Frequently Asked Contractor Questions About Section 889

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Have you a received Section 889 letter yet? If not, you may soon. The letters ask whether you provide or use “covered telecommunications equipment or services.” They are part of the implementation of Section 889 of the John...more

Blank Rome LLP

Where Are We Going with Section 889 Part B?

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About two months have passed since the August 13, 2020, effective date of Part B of Section 889 of the FY 2019 National Defense Authorization Act. Part B, sometimes referred to as the Chinese telecommunications equipment ban,...more

Bradley Arant Boult Cummings LLP

UPDATE: Huawei Ban And Section 889 Representation Requirements

To “combat the national security and intellectual property threats that face the United States,” section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for FY 2019 (Pub. L. 115-232) prohibits executive...more

Stinson - Government Contracting Matters

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

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

ArentFox Schiff

Huawei Rule Part 2: You “Use,” You Lose (Government Contracts)

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The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or...more

Hogan Lovells

New government contracts and grants rules limit universities' ability to use certain Chinese telecommunications equipment

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Federal contractors, including universities, will soon need to certify that they do not "use" telecommunications equipment or services produced or provided by certain Chinese companies (including ZTE, Hikvision, and Huawei)...more

McCarter & English Blog: Government Contracts...

Risks, Reefs, and Wrecks: Charting A Course Through The Perils Of Covered Telecommunications Equipment And Services

Like the sailors of old, the government contracting community ventures forth knowing full well that danger lies ahead – although fortunately not in the form of a kraken, leviathan, or other mythical sea monster. Rather,...more

WilmerHale

New Rule Expands US Government Contracting Ban on Targeted Chinese Telecommunications

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Beginning on August 13, U.S. federal government agencies will be prohibited from issuing new contracts or extending or renewing existing contracts to entities that use certain telecommunications and video surveillance...more

Sheppard Mullin Richter & Hampton LLP

Interim Rule Confirms Section 889 Part B Restriction on Contractor Use of Chinese Telecom Will Go Into Effect August 2020

On July 14, 2020 the Department of Defense (“DoD”), General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) published an Interim Rule amending the Federal Acquisition Regulation...more

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