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US Government Contractors Beware: Evolving Buy American Requirements Signal Complex Future Legal Landscape

** UPDATE: On February 5, 2020, the FAR Council “corrected” the effective date of the Final Rule from January 21, 2021, to January 19, 2021. This alert has been updated accordingly. ** Recent modifications to regulations and federal government acquisition policies portend big change for contractors across the US, and their suppliers around the world. … Continue Reading

US SBA Issues Interim Rule Offers Relief to Certain 8(a) BD Companies

Many small businesses in the US have suffered severe economic hardships due to the global pandemic, but there is now some relief available to a subset of small businesses. The US Small Business Administration (SBA) issued an interim rule effective January 13, 2021, amending the regulations governing the 8(a) Business Development (BD) program to implement … Continue Reading

President Trump Uses Executive Power to Target Reverse Discrimination in Federal Contracting

What are the implications? What practical steps should US government contractors take? Our multidisciplinary team provides an overview of President Trump’s Executive Order 13950, Combating Race and Sex Stereotyping, its labor law implications, potential for litigation, and practical guidance for federal contractors. Continue reading here.… Continue Reading

Section 889(a)(1)(B) of the 2019 NDAA: Interim Final Rule Prohibiting Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment

The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration has published an interim final rule implementing section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232, the 2019 NDAA).¹ ²  This interim final rule is effective August 13, 2020 and interested … Continue Reading

US Department of Defense (DoD) Clarifies the Defense Industrial Base as Essential Critical Infrastructure

On March 20, 2020, Under Secretary of Defense for Acquisition and Sustainment Ellen Lord issued a memorandum to the Defense Industrial Base (DIB), clarifying what is considered the Essential Critical Infrastructure Workforce in light of the coronavirus disease 2019 (COVID-19) (the “Memo”). The Memo can be found here.… Continue Reading

Coronavirus COVID-19 – Defense Production Act (DPA) and Defense Priorities and Allocations System (DPAS) – Substance and Process

On March 18, 2020, President Trump issued an Executive Order on prioritizing and allocating health and medical resources to respond to the spread of COVID-19 in the US, citing the Defense Production Act of 1950 (DPA), as amended (50 U.S.C. 4501 et seq.).… Continue Reading

Recently-Released Cybersecurity Verification Mandate Creates Uncertainty for Department of Defense Suppliers

Protection of the Defense Industrial Base (DIB) from the growing panoply of cybersecurity threats has been a consistent point of emphasis for senior Department of Defense (DOD) officials during the Trump Administration. The DOD took a significant step toward addressing that concern on January 31, 2020 with the release of Version 1.0 of the Cybersecurity … Continue Reading

US Government Contracts Quick Hit Briefing: Small Business Runway Extension Act Becomes Law, Yet Implementation Halted by Government Shutdown

On December 17, 2018, President Trump signed into law the Small Business Runway Extension Act of 2018 (HR 6330) (the Act), which modifies the period to measure small business size status from three fiscal years of average annual receipts to five fiscal years.… Continue Reading
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