News & Analysis as of

National Security Federal Acquisition Regulations (FAR) Supply Chain

Morrison & Foerster LLP - Government...

Strengthening the American Drone Industrial Base

Buried toward the bottom of President Trump’s Executive Order, titled “Unleashing American Drone Dominance” (the “Order”), is a mandate to identify military programs made more “efficient or lethal if replaced” by unmanned...more

PilieroMazza PLLC

SWIFT to Launch May 1: DOD Fast Tracks Software Deployment Opening New Doors for Defense Contractors

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In a decisive move to stay ahead in an era of rapidly evolving digital threats, the Department of Defense (DOD) is accelerating its push for software modernization. The upcoming launch of the Software Fast Track (SWIFT)...more

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

Morrison & Foerster LLP - Government...

Is Change Around the Corner? One Proposal to Forge Sweeping Changes to Defense Contracting

At the end of 2024, Senator Roger Wicker (R-MS) published a plan (“Restoring Freedom’s Forge: American Innovation Unleashed”) and introduced a bill (the Fostering Reform and Government Efficiency in Defense Act or FoRGED...more

Holland & Knight LLP

DOD Proposed Rule Will Expand FOCI Requirements to Non-Classified Defense Contracts

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U.S. Department of Defense (DOD) contractors with foreign ownership, control, or influence (FOCI) soon will face new requirements. Though cleared DOD contractors have long been bound by FOCI obligations, the new rule will...more

Latham & Watkins LLP

Week 13 in Review: Government Contracting, Tariffs, the Federal Hiring Freeze, and the Importation of Minerals

Latham & Watkins LLP on

Last week, President Trump issued several executive orders in furtherance of his policy aims, including orders relating to increasing efficiency in the government contracting process, assessing the impact of importation of...more

Holland & Knight LLP

Mitigating FOCI Under Section 847

Holland & Knight LLP on

In the latest episode of "Are We All Clear?", host Molly O'Casey and national security attorney Antonia Tzinova discuss Section 847 of the National Defense Authorization Act (NDAA), aimed at mitigating Foreign Ownership,...more

Wiley Rein LLP

DOD Seeks Contractor Disclosures of Foreign Access to Software Source Code

Wiley Rein LLP on

WHAT: The U.S. Department of Defense (DOD) issued a proposed rule to implement Section 1655(a) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). The proposed rule would...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Mayer Brown

US DoD Proposes Final Rule to Incorporate Contractual Requirements for the Cybersecurity Maturity Model Certification (CMMC)

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On August 15, 2024, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the Cybersecurity...more

McCarter & English Blog: Government Contracts...

Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

If you happen to be a government contractor and are contemplating additions to your Summer reading list, consider adding the FAR Council’s May 3, 2024 advanced notice of proposed rulemaking (“ANPR”) to the mix. The ANPR,...more

Morrison & Foerster LLP

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 9

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Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more

Cozen O'Connor

New FAR Part 40 Established to Centralize Supply Chain and Information Security Requirements

Cozen O'Connor on

On April 1, 2024, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a Final Rule amending the Federal Acquisition Regulation (FAR) to...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

Wiley Rein LLP

Interim Rule Requires Contractors to Secure Supply Chains Involving Covered Articles and Sources Subject to FASC Exclusion and...

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WHAT: A new interim rule prohibits contractors from delivering or using covered articles and sources that are subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018...more

Holland & Knight LLP

Silicon Valley Meets Washington, D.C.: DOD's CSO Authority Is Here to Stay

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The U.S. Department of Defense (DOD) has finalized a proposed rule authorizing the acquisition of commercial products and services using general solicitation competitive procedures known as a "commercial solutions opening"...more

McCarter & English Blog: Government Contracts...

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited Applications

On June 2, 2023, the FAR Council issued an Interim Rule to implement the prohibition on having or using TikTok or any successor application or service developed or provided by ByteDance Limited (covered application)....more

Venable LLP

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

Venable LLP on

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

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

King & Spalding

Biden Administration Issues 100-Day Supply Chain Report

King & Spalding on

Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging - On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more

Perkins Coie

President Biden’s Cybersecurity Executive Order Focuses on IT and Software Supply Chain Vulnerabilities

Perkins Coie on

On May 12, 2021, President Biden signed a sweeping Executive Order (EO) to protect federal government networks and software supply chains against increasing threats of attacks from malicious cyber actors, setting the stage...more

Holland & Knight LLP

Cybersecurity for All: President Biden Issues Sweeping Cybersecurity Executive Order

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On May 12, 2021, President Joe Biden issued a comprehensive Executive Order (EO) on Improving the Nation's Cybersecurity that promises sweeping changes in federal contracts for information technology (IT), cloud services and...more

Stinson - Government Contracting Matters

Securing the 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

Wiley Rein LLP

National Defense Authorization Act for Fiscal Year 2021 Includes Numerous Provisions Impacting Government Contractors

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The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill. The Senate’s move,...more

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