In a recent Law360 article, I discussed Boeing’s status as a federal contractor following the company’s guilty plea related to the fraud charges stemming from safety violations of its 737 Max 8 airplane. Although Boeing is one of the government’s top contractors for its work with the Department of Defense in terms of dollar value, the guilty plea could result in possible suspension or debarment from future federal contracts.

Continue Reading Boeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud Charges

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 (JVA) and its supporting addendum disqualified it from small business status for the subject procurement.

Continue Reading OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements

We recently authored an article published by Law.com emphasizing the significance of incorporating specific international standards, such as ISO/IEC 27001 for data security and ISO 9001 for quality management, into contractual agreements when dealing with artificial intelligence (AI) and international trade. We discussed how this integration can help manage AI effectively, minimize risks, increase transparency, and foster trust among the parties involved.

Continue Reading AI and International Trade Aspects of Contractual Agreements

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 ability of service-disabled veteran-owned small businesses (SDVOSBs) to self-certify their small business socioeconomic status for subcontracts and other non-set aside prime contracts.

Continue Reading SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses

Last week, the Department of Justice (DOJ) announced a $12 million settlement with spinal device manufacturer, Innovasis Inc. (Innovasis), and senior executives Brent Felix and Garth Felix related to allegations that they violated the False Claims Act (FCA) by paying kickbacks to surgeons to induce their use of its spinal devices.

Continue Reading The Tale of a Self-Disclosure

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 agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries.

Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors

You are reading the April 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.

Continue Reading International Trade Enforcement Roundup – April 2024

On May 2, the Department of Defense (DOD) issued a class deviation to DFARS 252.204-7012 “to provide industry time for a more deliberate transition upon the forthcoming release of [National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Revision 3].”

Continue Reading Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour.

Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case