• Mandatory declarations of certain transactions now required
• Certain changes to pre-existing regulations also announced and effective immediately
• Mandatory declaration requirement may not ease burden on parties...more
11/1/2018
/ Acquisitions ,
CFIUS ,
Controlled Foreign Corporations ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
New Rules ,
Notice Requirements ,
U.S. Treasury
Conditioned Agreements to Negotiate (CAN) -
When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more
10/30/2018
/ Acquisitions ,
Affiliated-Business Arrangements ,
Agreement To Negotiate ,
Business Ownership ,
Buyers ,
Contract Negotiations ,
Due Diligence ,
Federal Contractors ,
Letters of Intent ,
Office of Hearings and Appeals (OHA) ,
SBA ,
Sellers ,
Selling a Business ,
Small Business ,
Terms and Conditions
On September 24, 2018, the U.S. Department of Veterans Affairs (VA) issued a final rule that alters its regulations governing the Veteran-Owned Small Business Verification Program. The final rule, “VA Veteran-Owned Small...more
9/26/2018
/ Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
NDAA ,
New Rules ,
Ownership Rules ,
SBA ,
SDVOSB ,
Small Business ,
Vendors ,
Verification Requirements ,
Veterans
• FIRRMA would significantly expand CFIUS jurisdiction.
• Mandatory filing would be required in some cases.
• Parties that protect and maintain personal information are likely to face more scrutiny....more
7/13/2018
/ CFIUS ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Export Controls ,
Filing Fees ,
Filing Requirements ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Investment ,
Joint Venture ,
Jurisdiction ,
National Security ,
National Security Review Proceedings ,
Personal Data ,
Proposed Legislation ,
Risk Mitigation ,
Technology Sector ,
Trump Administration
In early April, the GAO issued a final rule revising the existing bid protest process—the major revisions being the introduction of an Electronic Protest Docketing System (EPDS) and a protest filing fee. When the rule takes...more
Congress created the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs in 1982 and 1992, respectively. These programs require certain government agencies to set aside a...more
In late March, Tennessee Governor Haslam proposed an amended budget for the fiscal year beginning July 1, 2018, which included $3 million toward LaunchTennessee Grants—demonstrating that Tennessee’s implementation of a...more
On March 12, 2018, President Trump blocked Broadcom, a Singapore-based semiconductor manufacturer, from pursuing the purchase of U.S.-based Qualcomm, a rival chip maker. Broadcom’s offer, reportedly for $117 billion or...more
The National Institute of Standards and Technology (NIST) is responsible for developing information security standards and guidelines—including minimum requirements for federal information systems. At the end of February,...more
On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for...more
Teaming Arrangements under the FAR -
Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when:
1. Two or more companies form a partnership or joint venture to act as a potential prime...more
In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more
In mid-January, the General Services Administration (GSA) released their Semiannual Regulation Agenda. Within this agenda, GSA announced plans to update requirements in the General Services Administration Acquisition...more
1/31/2018
/ Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Security ,
DFAR ,
Employee Training ,
Federal Information Security Modernization Act (FISMA) ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
GSAR ,
Personally Identifiable Information ,
Reporting Requirements
Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more
1/23/2018
/ Appeals ,
COFC ,
Department of Veterans Affairs ,
NDAA ,
Ownership Rules ,
Proposed Rules ,
Public Comment ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
- MoneyGram and Ant Financial mutually terminate $1.2 billion proposed merger
- CFIUS’s concerns focused on cyber and information security
- Scrutiny of buyers’ information security processes is likely to increase
On...more
1/22/2018
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Data Security ,
Foreign Investment ,
Mergers ,
Moneygram ,
National Security ,
Technology Sector ,
Trump Administration
The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more
In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more
11/14/2017
/ Bid Protests ,
Competitive Bidding ,
Federal Contractors ,
Injunctive Relief ,
Joint Venture ,
NASA ,
Preliminary Injunctions ,
SBA ,
Set-Asides ,
Small Business ,
Standing
More Acquisitions May Be Blocked in the Future -
Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more
Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more
9/25/2017
/ Benefit Off-Sets ,
Calculation of Damages ,
Contaminated Properties ,
Contract Terms ,
Damage Caps ,
False Claims Act (FCA) ,
False-Certification of Conformance ,
Federal Contractors ,
Fraud ,
Liquidated Damages ,
Nuclear Waste ,
Site Remediation ,
Subcontractors ,
WOSB
The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that...more
A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry...more
On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things:...more
Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense...more
Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification...more
4/18/2017
/ Cybersecurity ,
Data Protection ,
Electronic Reporting ,
Federal Contractors ,
General Services Administration (GSA) ,
Modification ,
Multiple Award Schedule (MAS) ,
Paid Sick Leave Act ,
Service Contract Labor Standards (SCLS) ,
Small Business ,
Subcontracts
On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more
4/10/2017
/ Appeals ,
CBCA ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Jurisdiction ,
Performance Standards ,
Service Contract Act ,
Service Contract Labor Standards (SCLS) ,
Terms and Conditions ,
Wage and Hour