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Company Eliminated from Army Contract Competition Due to ITAR Compliance Program Description

The U.S. Government Accountability Office (GAO) denied on Aug. 11, 2016, a government contract protest by Microwave Monolithics Inc. See GAO case number B-413088. The case is noteworthy because of the reason for denial. The...more

ITAR For Government Contractors: Revised For Recent Amendments

One of the most important areas of regulation for defense contractors is the International Traffic In Arms Regulations (“ITAR”). ITAR are the State Department controls that regulate the defense industry. Companies regulated...more

Opportunities for Increased Drug Sales to the VA

Pharmaceutical manufacturers that produce drugs in non-designated countries under the Trade Agreements Act (TAA) may now have an opportunity to increase their sales to the United States government. The Department of Veterans...more

Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs

In a significant policy reversal, the Department of Veterans Affairs (VA) has announced that it will require all covered drugs under the Veterans Health Care Act (VHCA) to be offered on Federal Supply Schedule (FSS)...more

Red Notice Newsletter - February 2016

DOJ and SEC Announce Settlement with PTC, Inc. in FCPA Case Involving SEC’s First Individual Deferred Prosecution Agreement - On February 16, 2016, the U.S. Securities and Exchange Commission (SEC) and the U.S....more

The FCPA Risks of Teaming in the Defense Industry

As reported in the December 25, 2015 New York Times (NYT) article, “U.S. Foreign Arms Deals Increased Nearly $10 Billion in 2014,” “foreign arms sales by the United States jumped by almost $10 billion in 2014, about 35...more

U.S. State Department Targets Russian, Iranian Firms in Sanctions Move Against WMD and Missile Proliferation

The U.S. Department of State imposed sanctions on September 2, 2015, against 23 companies around the world for involvement in the transfer or purchase to or from Iran, North Korea or Syria of goods, services or technology...more

Congress Continues to Threaten Contracting by Inverted Domestic Corporations - Congressional Action May Further Restrict IDCs from...

Recent congressional action regarding Inverted Domestic Corporations (IDC) may lead to further limitations on the ability of IDCs to contract with the federal government. Starting with the 2002 legislation that established...more

Weekly Update Newsletter - June 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements - The Department of Defense (DoD), General Services Administration (GSA), and...more

An attempt at Harmonization: Export Documentation Changes

The Bureau of Industry and Security (BIS) is currently accepting comments on methods of improving the Export Administration Regulations (EAR) as well as harmonizing these regulations with the clearance requirements under the...more

Bribery & Corruption in the Military. A Front-Line View (Part II) [Video]

In the second part of my interview on "The Heat" via CCTV, I discuss the temptations that front-line personnel face when dealing with overseas militaries, particularly, procurement personnel. I share how the touch points...more

Supreme Court: Wartime Suspension of Limitations Act does not apply to civil claims; ruling may also mean more criminal...

Last week, the Supreme Court handed down its decision in Kellogg, Brown & Root Services, Inc. v. U.S. ex rel. Carter. This case concerned the Wartime Suspension of Limitations Act (WSLA), a statute that suspends the statute...more

Bribery & Corruption in the Military. A Front-Line View (Part I) [Video]

In an interview on "The Heat," (CCTV), Richard Bistrong discusses the impact and consequences of corruption and bribery in the Military. He is joined by James Cohen, Program Officer at the United States Institute of Peace...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

Reed Smith's Government Contracts Weekly Rundown - April 2015 #4

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week....more

Checklists of Foreign Countries for U.S. Firms Engaged in International Transactions

Countries Subject to Various Restrictions by the U.S., EU, and UN - Following are checklists of countries that are subject to a variety of U.S. and EU-imposed restrictions affecting international trade. The countries...more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

Construction Opportunities for American Prime Contractors in Israel

My partner, Ed DeLisle, and I recently attended two Industry Days sponsored by the Army Corps of Engineers (“USACE”). The first one was held in New York City on October 20th, and the second one was held in Tel Aviv on...more

Government Procurement: September and October 2013 Federal Register Update

1. Final Rules Regarding the Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors - On September 24, 2013, the Department of Labor Office of Federal Contract Compliance Programs...more

Export Control Reforms Leads to Changes in Permanent Import Regime of Defense Articles and Services

In light of the upcoming changes associated with the Export Control Reform Initiative, the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule in April 22, 2013, which amends...more

Export Control Reform Series Episode II: The First Change – Reevaluating your ITAR Aircraft Parts

In Episode I: The Basics we noted that U.S. Export Control Reform may be causing confusion and consternation among those who will have to take the first theoretical rule changes and apply them in real and practical...more

Major Changes to U.S. Export Laws Go into Effect October 15, 2013: Is Your Company Ready?

New rules implementing export control reforms become effective October 15, 2013. The keystone of these reform efforts is to transfer jurisdiction of less sensitive military items currently controlled under the International...more

Status of Key Aspects of Export Control Reform

On April 16, 2013, the State Department and the Commerce Department published the first set of final rules in the Federal Register to implement the Obama administration’s Export Control Reform Initiative. The State Department...more

New DOD Internal Policy Guidance on Counterfeit Parts: A Preview of Contractor Regulations?

The Department of Defense (DOD) has issued a new instruction that establishes internal DOD policies for detecting, avoiding, and remediating counterfeit parts in the DOD supply chain, and allocates responsibility among...more

$8 Million Penalty for Weak ITAR Compliance: How the Price of Maintenance Beats the Cost of Repair

On April, 30, 2013, Raytheon Company, a major military electronics and weapons manufacturer, agreed with the U.S. Department of State to pay $8 million in civil penalties and remedial expenditures to settle alleged violations...more

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