The Biden administration has vowed to invoke the Defense Production Act (DPA) to increase domestic production of essential supplies needed to respond to the coronavirus (COVID-19) pandemic. In this Insight, we address key...more
2/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Executive Orders ,
Goods or Services ,
Infectious Diseases ,
Life Sciences ,
Manufacturers ,
Medical Supplies ,
Operation Warp Speed ,
Supply Chain
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) published final rules on January 15, 2021, implementing the sanctions put in place by Executive Order 13936 (EO 13936) and the Hong Kong Autonomy Act...more
2/1/2021
/ China ,
Economic Sanctions ,
Executive Orders ,
Foreign Entities ,
Foreign Relations ,
General Licenses ,
Hong Kong ,
Hong Kong Autonomy Act (HKAA) ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Office of Foreign Assets Control (OFAC)
The US Court of Appeals for the Federal Circuit last month reversed a decision by the Armed Services Board of Contract Appeals that rejected a contractor’s proposed document legends prohibiting unauthorized third-party use of...more
The US Department of Treasury published a Federal Register notice on June 8 announcing a mandatory survey regarding foreign ownership of US securities. The survey is being conducted under the authority of the International...more
The US Department of the Treasury recently began accepting loan applications from qualifying Defense Industrial Base contractors, with a short deadline of May 1, 2020, to submit the application for expedited review....more
As the federal government seeks innovative solutions from a broader group of suppliers to respond to the coronavirus (COVID-19) pandemic, new or nontraditional contractors will want to familiarize themselves with the...more
FEMA exercised the authority recently granted to it by Executive Orders and pursuant to the Defense Production Act to regulate and redirect respirators, surgical masks, gloves, and other personal protective equipment (PPE) ...more
4/15/2020
/ Coronavirus/COVID-19 ,
Crisis Management ,
Defense Production Act ,
Export Controls ,
Federal Contractors ,
FEMA ,
Medical Supplies ,
Personal Protective Equipment ,
Price Gouging ,
Public Contracts ,
Supply Chain
With the targeted relief for small businesses from the Coronavirus Aid, Relief, and Economic Security (CARES) Act come questions about whether certain entities are eligible for relief under the act’s Paycheck Protection...more
In Food Marketing Institute v. Argus Leader Media, the US Supreme Court held that private sector commercial information in the federal government’s possession may be withheld from public release without a showing that the...more
7/3/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
The Office of Foreign Assets Control recently designated 7 “oligarchs,” 17 government officials, 13 companies, and one bank, all Russian, as Specially Designated Nationals (SDNs), effectively prohibiting US persons...more
Under the US General Services Administration’s final rule, agencies may add nonschedule Order-Level Materials of up to one-third of the order value acquired in direct support of an individual task or delivery order. The rule...more
The recently introduced legislation would establish a new US Department of Commerce review of foreign investment transactions to determine their effect on US economic interests and domestic industry, giving Commerce the...more
US President Donald Trump’s executive order aims to increase the use of US goods and materials in federal acquisitions.
On April 18, President Trump signed the Presidential Executive Order on Buy American and Hire...more
Effective April 19, 2017, US exporters intending to export certain controlled items to Hong Kong will need to obtain, prior to shipment, either a copy of a Hong Kong import license or a statement issued by the Hong Kong...more
Five entities and six individuals were sanctioned for interference with the 2016 US election.
On December 29, 2016, President Obama issued a new executive order that expands the authority of the US Secretary of Treasury...more
Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016.
On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more
The US Small Business Administration (SBA) has finalized multiple changes to its small business contracting rules, which should increase opportunities for small business prime contractors to partner with other businesses...more
6/9/2016
/ Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mergers ,
NDAA ,
SBA ,
SBIRs ,
SDVOSB ,
Small Business ,
Teaming Agreements ,
WOSB
The recent case highlights the importance of complying with domestic preference requirements in government contracts.
The US Department of Justice (DOJ) recently announced that Novum Structures LLC (Novum) will pay $3...more
Beginning July 1, 2016, the SOLAS Convention will require the shipper of a packed export container to verify the container’s weight before it is loaded aboard a ship.
In November 2014, the International Maritime...more
Effective November 23, 2015, all solicitations and contracts issued by the Department of Energy will require compliance with applicable export control requirements....more
This year marks the return of the BE-10, the five-year benchmark survey of US direct investment abroad—as a result, US companies that have an ownership or voting interest of 10% or more in a foreign business enterprise may be...more