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Procurement Collusion Strike Force Significantly Expands Footprint

We recently reported several milestones and accomplishments from the inaugural year of the Antitrust Division’s Procurement Collusion Strike Force. To kick off its second year, the Strike Force has now formally announced a...more

One Year In, DOJ’s Procurement Collusion Strike Force Picks Up Steam

Exactly one year ago, the Antitrust Division of the Department of Justice (“DOJ”) unveiled its Procurement Collusion Strike Force – an interagency partnership created to target collusion in public procurement and government...more

Berkshire Hathaway’s $4.1 Million OFAC Settlement Underscores Risks Of Subsidiaries’ Compliance Failures And Benefits Of Voluntary...

On October 20, 2020, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced that it had reached a $4.1 million settlement with Berkshire Hathaway, Inc., the multinational conglomerate holding company...more

OFAC & FinCEN Advisories Highlight Potential Sanctions Risks To Ransomware Payments

On October 1, 2020, the Office of Foreign Assets Control (“OFAC”) issued guidance warning of potential sanctions risks for making ransomware payments related to malicious cybersecurity incidents. The same day, the Financial...more

Update On FEMA’s Export Restrictions On Personal Protective Equipment

On August 6, 2020, the Federal Emergency Management Agency (“FEMA”) issued a temporary final rule modifying the list of Personal Protective Equipment (“PPE”) subject to FEMA’s export restrictions and extending the...more

Contractors That Saved The Federal Government Money By Offshoring Work Could Be Second-Guessed

An executive order signed by President Trump on August 3, 2020 (“Order”) prompts federal contractors to review their hiring practices and, if they offshored federal contract work, to determine the impact on hiring U.S....more

FAR Council Releases Interim Rule Prohibiting Contracts With Entities That Use Equipment Made By Huawei, ZTE, And Others

On July 10, 2020, the Federal Acquisition Regulatory (“FAR”) Council released a prepublication version of an interim rule, FAR Case 2019-009 (the “Interim Rule”), amending the FAR to prohibit federal agencies from contracting...more

Federal Circuit Sinks Claim For Submarine Construction Compliance Costs As Untimely Under The CDA

Government contractors operate in a constantly changing regulatory environment, and in certain circumstances, a contractor may be contractually entitled to receive a price adjustment when it must comply with a new federal law...more

CFIUS Issues 2018 Annual Report And Publishes Proposed Rule To Change Mandatory Filing Requirement For Critical Technologies

The Committee on Foreign Investment in the United States (“CFIUS”) had a busy week last week. The Department of the Treasury, which chairs CFIUS, released its Annual Report for 2018 and additional statistics for 2019 that...more

Public Procurement & Government Contracts 2020: USA

V&E’s Government Contracts practice authored the US procurement law section of Chambers’ 2020 Global Practice Guide on Public Procurement, which was released April 6, 2020. The Guide covers core legislation and regulations,...more

OFAC Prioritizes Humanitarian Assistance In Response To COVID-19 And Provides Guidance on Regulatory Compliance During The...

On Thursday, April 16 and Monday, April 20, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) made announcements to address the global COVID-19 crisis, recognizing both that providing...more

CFIUS Filing Fees Go Into Effect Today

On April 27, 2020, the Department of the Treasury issued an interim rule establishing a filing fee for certain transactions filed with the Committee on Foreign Investment in the United States (“CFIUS”). The fees only apply to...more

FEMA Announces Exemptions To Export Restrictions On Respirators, Masks And Gloves

On April 21, the Federal Emergency Management Agency (“FEMA”) published a notification detailing ten exemptions to the export restrictions on personal protective equipment (“PPE”) that FEMA implemented in a temporary final...more

U.S. Government Restricts Exports Of Respirators, Masks And Gloves During Pandemic

On April 7, 2020, the Federal Emergency Management Agency (“FEMA”) issued a temporary final rule to restrict exports of respirators, masks and gloves used by healthcare providers. The restrictions, which will remain in effect...more

OMB Issues COVID-19 Guidance For Federal Government Contractors

On Friday, March 20, 2020, the Office of Management and Budget (“OMB”), an Executive Office within the White House, released guidance to federal department and agency heads on dealing with federal contractors as the nation...more

Coronavirus’s Impact On Federal Contractors

Energy companies often find themselves in business with the federal government—selling natural gas and electricity to federal facilities, providing energy savings services, supplying jet fuel, furnishing renewable power, and...more

Rosneft Affiliate Sanctioned For Involvement In Venezuelan Oil Exports And OFAC Reporting Rule Clarified

The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) had a busy week last week. In addition to adding names of individuals to its list of Specially Designated Nationals (“SDNs”) and releasing its...more

Federal Circuit Clarifies Meaning Of “U.S.-Made End Product” Under FAR Trade Agreements Act Clause

Last week, the U.S. Court of Appeals for the Federal Circuit issued an opinion substantially clarifying how supplies delivered to the Government can qualify as “U.S.-made end products” under the contract clauses implementing...more

New CFIUS Rules Take Effect

New rules governing the review of transactions by the Committee on Foreign Investment in the United States (“CFIUS”) take effect today. CFIUS, an inter-agency panel of the U.S. government, reviews foreign investment for...more

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