News & Analysis as of

Supply Chain Final Rules

Holland & Knight LLP

Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?

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The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — July 2024

Final Rules for Prevailing Wage & Registered Apprenticeships at Clean Energy Projects - The Department of the Treasury and Internal Revenue Service (IRS) recently announced final rules implementing the prevailing wage and...more

Foley & Lardner LLP

Foley Automotive Update - June 2024

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Analysis by Julie Dautermann, Competitive Intelligence Analyst This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley &...more

McCarter & English Blog: Government Contracts...

DOD Releases Final Rule Prohibiting the Acquisition of Certain Magnets from Nonaligned Foreign Nations

China dominates the rare earth industry, accounting for approximately 60 percent of rare earth metal mining and approximately 90 percent of rare earth metal processing in 2023. In order to combat this near-monopoly and to...more

Jones Day

Canadian Drug Importation May Undermine Intellectual Property Protection

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The Situation: Earlier this year, Florida became the first state to receive authorization for its Section 804 Importation Program ("SIP") from the U.S. Food and Drug Administration ("FDA"). This initial step toward the legal...more

Akin Gump Strauss Hauer & Feld LLP

Final Approval of Ground-breaking EU AI Act

On 21 May 2024 the Council of the European Union (EU) announced the final approval of the landmark EU Artificial Intelligence Act (AI Act or Act). As previously highlighted (see our December 2023 alert), the AI Act is a first...more

Schwabe, Williamson & Wyatt PC

New FAR Rule Aims to Maximize Federal Sustainable Purchases

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have issued a final rule (the “Final Rule”) that amends the Federal Acquisition Regulation (FAR) to maximize...more

Sheppard Mullin Richter & Hampton LLP

Not an April Fools Joke – FAR Part 40 Final Rule Has Been Published

On April 1, 2024, the FAR Council published a new Final Rule that establishes FAR Part 40 – but without any new provisions of substance. This Final Rule becomes effective on May 1, 2024. Subsequently, the FAR Council...more

ArentFox Schiff

As the (Customs and Trade) World Turns - April 2024

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Welcome to the April 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Akin Gump Strauss Hauer & Feld LLP

Many More Defense Contractors Now Eligible for DoD Cyberthreat Info-Sharing Program

On March 12, 2024, the Department of Defense (DoD) finalized a rule to open its Defense Industrial Base (DIB) Cybersecurity (CS) Program to all defense contractors who own or operate an unclassified information system that...more

Bradley Arant Boult Cummings LLP

Domestic Preference Development: New DFARS Buy American Act Requirements

In 2024 the White House continues to place an emphasis on the U.S. Government’s longstanding domestic purchase preferences. The latest update implementing the domestic purchase preference is the Department of Defense’s Final...more

Schwabe, Williamson & Wyatt PC

Buy American Act Requirements Updates: Changes to Department of Defense Unique ‎Requirements

On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Snell & Wilmer

Corporate Communicator - 2024 Annual Meeting Season

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Clawback Rules. As previously discussed in last Winter’s Corporate Communicator, the Securities and Exchange Commission (“SEC") adopted final rules in October 2022 directing the NYSE and Nasdaq to adopt listing standards that...more

Sheppard Mullin Richter & Hampton LLP

New Year, (Potentially) New Definition for “Subcontract”

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...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

Torres Trade Law, PLLC

Commerce Finalizes ICTS Supply Chain Rule

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On June 16, 2023, the U.S. Department of Commerce (“Commerce”) issued a long-awaited final rule (the “Final Rule”), effective July 17, 2023, related to the Information and Communications Technology Supply Chain. Among other...more

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

Sheppard Mullin Richter & Hampton LLP

Top 10 Takeaways from OMB’s “Build America, Buy America” Guidance for Infrastructure Projects

On August 23, 2023, the White House’s Office of Management and Budget (“OMB”) issued its notification of final guidance implementing Title IX of the Infrastructure Investment and Jobs Act (“IIJA”) – the Build America, Buy...more

Quarles & Brady LLP

Brace Yourself: DEA’s Final Rule on Quotas Squeezes Inventory Levels and Signals Further Supply Restrictions

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On August 31, 2023, DEA published a final rule (“Final Rule”) regarding its management of controlled substance and List 1 Chemical (“L1 Chemical”) quotas for DEA-registered manufacturers. The Final Rule largely tracks DEA’s...more

Maynard Nexsen

DoD Issues Proposed Rule to Address Domestic Preferences for Defense Contracts

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On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2023

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Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

Wiley Rein LLP

DOD Issues Final Rule Regarding Use of SPRS Assessments in Procurement

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WHAT: The U.S. Department of Defense (DOD) issued a final rule that requires contracting officers to consider Supplier Performance Risk System (SPRS) risk assessments when evaluating contractors’ proposals and quotes and when...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

K&L Gates LLP

FDA Releases Traceability Final Rule

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The U.S. Food and Drug Administration (FDA) released its final rule on the traceability of high-risk foods on 21 November 2022. The regulations, to be codified at 21 C.F.R. part 1, subpart S (titled “Additional Traceability...more

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