News & Analysis as of

Due Diligence Federal Contractors

WilmerHale

BIS Sets Higher KYC Standards for Companies and Universities Over Russia Diversion Concerns

WilmerHale on

On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released new guidance (the “July 10 Release”) outlining different types of precautionary letters (“supplier list” letters, “Project...more

ArentFox Schiff

New Government Forced Labor Actions Reemphasize Supply Chain Diligence for Government Contractors and Importers

ArentFox Schiff on

Several recent US governmental regulatory actions intended to combat forced labor serve as a reminder to government contractors and importers of their need to conduct appropriate “know your supplier” due diligence to identify...more

Bass, Berry & Sims PLC

Attention SBIR Applicants…Remember that Affiliation Rules Still Apply

Bass, Berry & Sims PLC on

The Small Business Innovation Research (SBIR) program has an interesting construction. With seemingly no competition to bring size protests and the successful completion of a previous grant before a second grant, the unusual...more

Holland & Knight LLP

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

Holland & Knight LLP on

President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

PilieroMazza PLLC

SBIR/STTR Extension: Proposed Requirements for Small Business Contractors

PilieroMazza PLLC on

On September 22, the Senate passed the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022. As it heads to the House of Representatives, government contractors in...more

Morrison & Foerster LLP - Government...

Five Million Reasons For Government Contracts Lawyers To Assist With The Acquisition Of Companies That Perform Government...

Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that...more

American Conference Institute (ACI)

[Event] U.S. Export & Reexport Compliance For Canadian Operations - January 26th - 27th, Toronto, ON, Canada

The Canadian Institute’s 11th Annual Forum on U.S. Export & Re-Export Compliance for Canadian Operations will take place in Toronto on January 25–27! IN-PERSON and LIVESTREAM options available. Over the last decade, this...more

Goodwin

DOJ Announces New Initiative to Use False Claims Act to Enforce Compliance with Data Privacy and Security Laws and Contract...

Goodwin on

The Department of Justice recently announced the launch of its new Civil Cyber-Fraud Initiative (the “Initiative”) which intends to use the False Claims Act to pursue “cybersecurity-related fraud by government contractors and...more

Society of Corporate Compliance and Ethics...

[Webinar] The Bid War: Navigating the Compliance Battlefield in Government Bids - May 18th, 12:00 pm - 1:30 pm CDT

Learning Objectives: - What are the bidding rules and where do you find them? (E.g., there are the rules in the bid/issuing agency rules, there are the local jurisdiction rules, and there are the funder rules.) -...more

Dechert LLP

Corporate America can be a Powerful Force for Good to Root out Modern-Day Slavery

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Key Takeaways - Slave, forced, and child labor is a modern-day reality impacting some 40 million people throughout the world, by some estimates. Such practices are—and have always been—repugnant, and certainly have no place...more

PilieroMazza PLLC

[Webinar] CMMC Is Coming: Are You Ready? - March 17th, 2:00 pm ET

PilieroMazza PLLC on

Now that DOD has released the final version of the Cybersecurity Maturity Model Certification (CMMC) guidelines, all contractors that work directly or indirectly on Department of Defense (DOD) contracts should be preparing to...more

Woods Rogers

Compliance With Overlapping Solicitation Requirements

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The Berry Amendment Example - Hopeful government contractors must be aware of all the requirements of a solicitation to avoid being deemed non-responsive.  This is rarely a simple task; however, when multiple clauses...more

Bass, Berry & Sims PLC

How Do Mergers & Acquisitions Impact Pending Bids?

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Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more

Jones Day

GAO: Contractors Must Diligently Pursue Agency Debriefing, Even After Making a Timely Request

Jones Day on

The Situation: The U.S. Government Accountability Office ("GAO") dismissed a protest challenging a contractor's exclusion from the competitive range based upon the contractor's failure to diligently pursue a debriefing. ...more

Pillsbury Winthrop Shaw Pittman LLP

Developments Highlight Secondary Liability Risks for Private Funds

DOJ settlement signals need for enhanced False Claims Act scrutiny. Private funds continue to face heightened secondary liability risks arising from their portfolio investments....more

McCarter & English Blog: Government Contracts...

Integrating Cybersecurity Into M&A Compliance Reviews: Avoiding Hidden Cyber Risks In The Acquisition Of Government Contractors

So you want to acquire a government contractor? Makes sense, and you’re not alone. Over the past few years, the federal contracting landscape continues to evolve as a result of mergers and acquisitions (M&A), primarily...more

Stinson - Government Contracting Matters

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video...

Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by...more

PilieroMazza PLLC

[Event] Gaining a Competitive Advantage Through Cyber, Data, & Personnel Security - June 5th, Tysons, VA

PilieroMazza PLLC on

Cybersecurity and protection of sensitive data from external and insider threats are critical for federal contractors across all industries and in all market positions. Each significant data breach or cyber incident and...more

Bass, Berry & Sims PLC

OFAC Dings U.S. Defense Contractor for Sanctions Violations, Inadequate Screening

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• Penalties imposed for violations of U.S. sanctions on Russia and Ukraine • Violations identified during pre-acquisition due diligence on contractor • Denied persons screening was conducted but missed prohibited...more

PilieroMazza PLLC

Legal Advisor Newsletter - Fourth Quarter 2018

PilieroMazza PLLC on

You’ve Decided to Sell Your Business— How to Be Prepared to Execute the Deal - After years of building, growing, and investing in your business, there comes a point at which you start to think about an exit strategy....more

Bass, Berry & Sims PLC

You “CAN” Avoid Affiliation in Negotiating an Acquisition

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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

Williams Mullen

3 IP Questions Every Government Contractor Must Ask Before Entering a Corporate Transaction

Williams Mullen on

One of the roles of John Cleese in the comic movie “Monty Python and the Holy Grail” was Tim the Enchanter. Tim the Enchanter posed three questions to the Knights of the Round Table to determine if they would be allowed to...more

PilieroMazza PLLC

Legal Advisor Newsletter - First Quarter 2018

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The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more

Pillsbury Winthrop Shaw Pittman LLP

Changes to Supply Chain Management and Commercial Item Contracting in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities. Proposed supply chain diligence...more

Dechert LLP

FinCEN Issues Advisory on Widespread Public Corruption in Venezuela

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The Financial Crimes Enforcement Network (FinCEN) released an advisory on September 20, 2017, to alert financial institutions of widespread public corruption in Venezuela and the methods Venezuelan senior political figures...more

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