The Department of Defense (DoD) is preparing to roll out new requirements that will significantly expand how it evaluates and mitigates foreign ownership, control, or influence (FOCI) across its contractor base. Under Section...more
11/3/2025
/ Beneficial Owner ,
Corporate Counsel ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
FOCI ,
Foreign Direct Investment ,
Foreign Investment ,
Government Agencies ,
National Security ,
NDAA ,
Proposed Rules ,
Reporting Requirements ,
Risk Management ,
Risk Mitigation ,
Subcontractors ,
Supply Chain
On September 18, the Court of Federal Claims (COFC) issued a decision in Multimedia Environmental Compliance Group JV v. United States, denying a bid protest that challenged the Small Business Administration’s (SBA’s) Office...more
10/8/2025
/ Administrative Procedure Act ,
Bid Protests ,
COFC ,
Contract Terms ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
Office of Hearings and Appeals (OHA) ,
Procurement Guidelines ,
Regulatory Requirements ,
SBA ,
Small Business ,
Teaming Agreements
In September, the U.S. Army outlined its plans to modernize how it engages with industry and accelerate the development of new technologies. At the Army Demand Signal Forum, leaders emphasized the importance of closer...more
The Department of Defense (DoD) has issued its long-awaited final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program into the Defense Federal Acquisition Regulation Supplement (DFARS). The rule...more
As the manufacturing sector continues to navigate a dynamic economic and regulatory landscape, the current environment presents both significant opportunities and complex challenges. From strong buyer demand in a competitive...more
8/20/2025
/ Acquisitions ,
Audits ,
Business Strategies ,
Community Development Entities ,
Court of International Trade ,
Department of Justice (DOJ) ,
Executive Orders ,
False Claims Act (FCA) ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Reform and Control Act (IRCA) ,
Industrial Sector ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Manufacturers ,
Mergers ,
NLRB ,
NMTC ,
Risk Management ,
Tariffs ,
Tax Credits ,
Trade Expansion Act of 1962
The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture...more
Through a duo of Executive Orders (EOs), issued on April 15 and 16 respectively, President Trump announced “a first-of-its-kind overhaul of Federal procurement policy.” The rewrite represents a once-in-a-generation...more
On March 25, 2025, the U.S. Department of Justice (DOJ) announced an $8.1 million settlement in a civil case under the False Claims Act (FCA) related to alleged customs evasion by a California importer of wood flooring. The...more
4/1/2025
/ China ,
Corporate Counsel ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Imports ,
Settlement ,
Tariffs ,
Trump Administration ,
Whistleblowers
We are pleased to invite you to the inaugural D.C. Compliance & Government Investigations Seminar, hosted by Bass, Berry & Sims in collaboration with Watermark Strategies. This complimentary seminar will build upon the...more
3/28/2025
/ Best Practices ,
C-Suite Executives ,
Chief Compliance Officers ,
Chief Privacy Officer ,
Compliance ,
Continuing Legal Education ,
Emerging Technologies ,
Events ,
Federal Grants ,
Fraudulent Procurement ,
Government Agencies ,
Government Investigations ,
Regulatory Requirements ,
Trump Administration
On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more
On December 17, the Small Business Administration (SBA) published its final rule detailing new recertification requirements following mergers and acquisitions (M&A), new language around negative control for affiliation...more
On December 17, the Small Business Administration (SBA) published its final rule in response to its August 2024 proposed rule and the ensuing comments from the industry. The rule will have a substantial impact on the...more
“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Labor (DOL) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Subcontractors ,
Title VII
On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use...more
Space has become central to protecting U.S. national security interests as Americans increasingly rely on space-based services to support everyday life. As a result, the U.S. government has bolstered investment in the space...more
11/25/2024
/ Department of Defense (DOD) ,
Federal Contractors ,
Investment ,
Investors ,
National Security ,
NOAA ,
Outer Space ,
Regulatory Agenda ,
Regulatory Requirements ,
Small Business ,
Technology Sector ,
Venture Capital
After numerous fits and starts, on October 14, the Department of Defense (DoD) published a final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. Borne from documented deficiencies in the...more
11/12/2024
/ Certifications ,
Compliance ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
NIST ,
Proposed Regulation
On September 30, the Department of Defense’s (DOD) Office of Strategic Capital (OSC) announced a notice of funding availability (NOFA) of up to $984 million in loans aiming to support the financing of certain covered...more
On August 23, the U.S. Small Business Administration (SBA) issued a proposed rule that would make significant changes to SBA’s recertification requirements. Most notably, the rule would change when size and socioeconomic...more
On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more
The Department of Defense (DoD) has long searched for ways to foster innovation in the defense industrial base by harnessing US comparative advantages like our capital markets and American technological innovation...more
On August 9, the Department of Health and Human Services (HHS) published a proposed rule that seeks to amend and update the Health and Human Services Acquisition Regulation (HHSAR) to align health IT procurement requirements....more
On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity...more
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more
6/27/2024
/ Addendums ,
Appeals ,
Federal Contractors ,
Federal Procurement Systems ,
Joint Venture ,
Mentor-Protege Program ,
NAICS ,
Office of Hearings and Appeals (OHA) ,
Operating Agreements ,
Regulatory Requirements ,
Required Documentation ,
SBA ,
Small Business
On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the...more
On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive...more
5/21/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
NASA ,
Proposed Legislation ,
Regulatory Agenda ,
Semiconductors ,
Supply Chain ,
Waivers