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DDTC Issues Long-Awaited Rule Implementing AUKUS: Five Key Takeaways

On August 16, 2024, the U.S. Department of State (“State”) announced a broad exemption from export licensing requirements for most defense trade between and among “authorized users” in the United States, Australia, and the...more

3 Takeaways from Recent U.S. Regulatory Actions Implementing AUKUS

As a next step in the U.S. government’s implementation of the trilateral AUKUS security pact with Australia and the United Kingdom (“UK”), the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) and the...more

3 Tips to Reduce False Claims Act Exposure in the Wake of United States ex rel. Schutte v. SuperValu, Inc.

2023 is shaping up to be a major year in False Claims Act (“FCA”) practice, with the Supreme Court weighing in on both FCA scienter (in SuperValu) and the reach of the government’s dismissal authority (in Polansky), and the...more

And No Longer Trending: 7 FAQs Regarding the Federal Contractor TikTok Ban

Building on recent and ongoing efforts to limit Chinese government access to government contractor supply chains, the FAR Councils published an interim rule effective June 2, 2023, that will broadly ban TikTok on contractor...more

Exporters Take Note: The Commerce Department Really, Really Wants You to Disclose Suspected Violations of the EAR—Both Yours, and...

We wrote earlier this year about the growing web of regulation and enforcement attention around export controls. In another key development in this area, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”)...more

Proposed Greenhouse Gas Rule Previews New Compliance Frontier for Government Contractors

For over 18 months, the Biden Administration has discussed incorporating certain climate-change measures into the federal procurement system. A recent proposed rule forecasts where the Administration may be headed. In a...more

Congress May Tighten Scrutiny of U.S. Investment in Foreign Technologies

Building on recent national security initiatives to shore up the protection of U.S. critical assets from strategic adversaries (notably including China and Russia), Congress is considering new government powers to review...more

Government Contractor FAQ: What’s up with the Vaccine Mandates?

Stay up to date by subscribing to our blog. Add your e-mail address to the Subscribe box on the right to get our timely posts delivered directly to your inbox. Scott Arnold, Justin A. Chiarodo, Stephanie M. Harden,...more

Government Contractor Q&A: Impact of Nationwide Injunction Prohibiting Enforcement of Federal Contractor Vaccine Mandate

Yesterday the U.S. District Court for the Southern District of Georgia issued a preliminary injunction against enforcement of Executive Order (“EO”) 14042, under which prime contractors and subcontractors are required to...more

New Government Guidance Sets January 4, 2022, as Uniform Vaccination Deadline

On November 4, 2021, the White House issued a fact sheet addressing its vaccination policies, including the government contractor mandate under EO 14042. Three key points stand out: (1) the compliance deadline for “full...more

Government Provides New Compliance Flexibility under Contractor Vaccine Mandate

Yesterday, November 1, 2021, the Safer Federal Workforce Task Force issued significant new guidance for contractors implementing vaccine mandates. The two key takeaways are: (1) contractors are not required to terminate...more

State Vaccine Mandate Bans: What Are Federal Contractors to Do?

Texas Governor Greg Abbott just raised the stakes in the inevitable tide of litigation about President Biden’s COVID-19 vaccine mandates by issuing an Executive Order banning vaccine mandates in Texas. We expect other states...more

Government Contractor Vaccine Mandate FAQ: Status of Class Deviations and Accommodations Process

It has been a busy week on the federal contractor COVID-19 vaccine mandate front. We answer questions below about the new class deviations that should start showing up in new contracts and solicitations, and key open issues...more

Breaking Down the COVID-19 Safety Guidance for Government Contractors and Subcontractors: What We Know, What We Don’t, and What’s...

Answering some questions and raising others, the Safer Federal Workforce Task Force issued its highly anticipated COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors on Friday, September 24. The...more

FAQ: Government Contractor COVID Safeguards Executive Order

“If you want to work with the federal government, do business with us? Get vaccinated” – President Biden, White House Remarks, September 9, 2021 - We forecast in March (Will Federal Contractors Be Required to Certify...more

How to Maximize Contractor Recoveries for Public Health-Related Claims: Lessons from Pernix Serka and the Ebola Crisis

The authors provide a roadmap for contractors to consider to recoup costs stemming from the COVID-19 pandemic. Does the mere existence of a deadly epidemic entitle a contractor to monetary relief when it experiences cost...more

Buy American Act Domestic Content Requirements Likely to Increase Soon

As directed in President Biden’s January 25, 2021, Executive Order we discussed six months ago, last week the FAR Council proposed increases to the Buy American Act (“BAA”) domestic content requirements, and previewed...more

Tips to Maximize Contractor Recoveries for Public Health-Related Claims: Lessons from Pernix Serka and the Ebola Crisis

Does the mere existence of a deadly epidemic entitle a contractor to monetary relief when it experiences cost increases stemming from that epidemic? Not without Government direction, ruled the Federal Circuit in affirming a...more

President Biden’s Recent Cybersecurity Executive Order Will Increase Compliance Obligations on the Private Sector

Companies providing information technology products and services to U.S. government agencies are now required to notify such agencies of cyber incidents and meet specific cybersecurity standards. The executive order attempts...more

Where Are We Going with Section 889 Part B?

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

Part B Interim Rule Bans Contractors from Using Covered Technology Starting August 13th: 5 Steps for Meeting the Compliance...

We previously discussed key elements of the newly released interim rule (“the interim rule” or “the rule”) implementing Part B of Section 889 (“Part B”), which prohibits the federal government from contracting with entities...more

Newly Released Interim Rule Implementing Part B of Section 889

On July 10, the government issued the long-awaited Interim Rule implementing Part B of Section 889 (here is a link to the pre-publication version, with the official version soon to follow). Part B prohibits the federal...more

What Does a Potential One-Year Delay for Part B of Section 889 Mean for Your Compliance Efforts?

In remarks to Congress and statements this week, the Department of Defense (“DoD”) announced that it is considering a one-year delay for full implementation of Part B of the Section 889 ban (we previously summarized the ban,...more

COVID-19 Disruptions and Work Stoppages: A Q&A for Federal Contractors

Coronavirus COVID-19 is rapidly disrupting the performance of federal government contracts across all sectors, leaving contractors and subcontractors with more questions than answers on how to structure their operations. In...more

For Part B of Section 889, Is Compliance by August 13, 2020, Realistic?

On March 10, 2020, the Department of Commerce extended the deadline for U.S. companies to stop doing business with Huawei Technologies Co. Ltd. and its non-U.S. affiliates. The deadline has been extended multiple times and is...more

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