On June 6, the U.S. Small Business Administration (SBA) issued a final rule modifying its methodology for calculating the size of small businesses using an employee-based size standard and authorizes businesses participating in its Business Loan, Disaster Loan, Surety Bond, and Small Business Investment Company (SBIC) programs to choose whether to use a three-year or five-year receipts average when determining eligibility. The final rule becomes effective on July 6, 2022.
Numet Machining Techniques, a Connecticut-based machined parts manufacturer for commercial and military aerospace engines, recently agreed to pay $5.2 million to settle alleged violations of the False Claims Act (FCA) for misrepresenting its size standard following an acquisition.
Since late March, the U.S. government has announced several significant enforcement actions under the Foreign Corrupt Practices Act (FCPA), the main U.S. law that prohibits bribery of non-U.S. government officials.
Often working in coordination with its enforcement counterparts in other parts of the world, the U.S. Justice Department (DOJ) and Securities & Exchange Commission (SEC) have resolved three notable matters against companies, and pursued one individual enforcement matter. The alleged bribery involved in these matters occurred in multiple countries in Africa and South America.
I am looking forward to co-presenting on a panel titled “Economic Sanctions, FCPA-and the Impact on Distributor and More Third-Party Relationships: Leveraging Screening and Compliance Resources to Reduce DoJ, SEC and OFAC Penalty Risks” at the FCPA & Anti-Corruption for the Life Sciences Industry Conference presented by The American Conference Institute. The conference will take place July 21-22, 2022 at the Omni Parker House in Boston, Massachusetts. I will be presenting with Channing Landreth of LabCorp and J. Patrick Rowan of McGuireWoods.
A key benefit of Small Business Administration’s (SBA) All Small Mentor Protégé Program (ASMPP) is the opportunity for mentors and protégés to form joint ventures to bid together on prime and subcontracts as a small business. As the number of MPP relationships has grown, so too has the use of the ASMPP joint ventures (JV) to pursue opportunities previously out of reach for both parties. Hear from a panel of experts on best practices in JV formation, structuring, and growing the MPP relationship.
Please join Bass, Berry & Sims attorneys Todd Overman (moderator) and Sylvia Yi, joined by Steven Williams (Deloitte) and Ken Dodds (Live Oak Bank), for a webinar on June 28 at 1:00 p.m. ET / 12:00 p.m. CT, as they discuss these opportunities and much more. Click here to register.
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Monday, June 6. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Issues Final Rule Refining the Export Administration Regulations and Improving Transparency in Export Enforcement Cases
EAR Amendments and Clarifications
On June 2, the U.S. Commerce Department, Bureau of Industry and Security (BIS) issued a final rule refining certain provisions of the Export Administration Regulations (EAR).
Several portions of the rule expand and refine the EAR restrictions related to Russia and Belarus.
Generally, government agencies are given broad discretion to define their needs; however, last month, the United States Court of Federal Claims chose to curtail an agency’s authority to cancel and amend bid solicitations in Seventh Dimension, LLC v. U.S., No. 21-2275C (May 2022).
The Department of Defense (DoD) recently issued a final rule implementing Section 828 of the NDAA for Fiscal Year (FY) 2018, requiring the treatment of the majority of contracts for items awarded using Federal Acquisition Regulation (FAR) part 12 acquisition procedures to serve as a prior commercial item determination (CID).
The Bass, Berry & Sims international trade team is actively monitoring the situation in Russia and Ukraine and providing real-time advice to clients on managing the situation. This post summarizes new U.S. sanctions and export restrictions as of Wednesday, June 1. This post supplements our previous summaries, which are available by following the links at the end of this blog post.
Commerce Department Issues Temporary Denial Order against Rossiya, the Fifth Russian Airline to Face Export Restrictions
On May 20, the U.S. Commerce Department, Bureau of Industry & Security (BIS) issued a temporary denial order (TDO) against Rossiya citing ongoing violations of the comprehensive U.S. export controls imposed on Russia. Rossiya is headquartered in St. Petersburg and, according to BIS, has operated multiple U.S.-origin aircraft subject to the Export Administration Regulations (EAR) into and out of Russia without the required BIS authorization.
Last month, the Department of Justice (DOJ) announced that a Florida grand jury indicted three men for conspiring to rig bids for customized promotional products to the U.S. Army and charged two of them with conspiring to defraud the United States. Bid rigging is how conspiring competitors effectively raise prices where purchasers — often federal, state, or local governments — acquire goods or services by soliciting competing bids.