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

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.

Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for Employers

On April 22, the Department of Defense, General Services Administration, and National Aeronautical and Space Administration (NASA) promulgated a final rule amending the Federal Acquisition Regulation (FAR) to implement an agency requirement to procure sustainable products and services to the maximum extent practicable.

Continue Reading New Rule Requires Agencies to Procure Sustainable Products and Services

On April 11, the U.S. Treasury Department promulgated a Notice of Proposed Rulemaking (NPRM) amending the regulations that govern the operations of the Committee on Foreign Investment in the United States (CFIUS) to increase penalties on offenders, expand CFIUS authority to request information, and tighten the time frame parties have to respond to drafts of mitigation agreement terms. CFIUS is the U.S. government’s interagency body that reviews potential national security concerns resulting from foreign investments in and acquisitions of U.S. businesses.

Continue Reading CFIUS Update: Larger Penalties, Sharper Monitoring

Your company, which has never had a federal grant or contract, was just awarded a $10 million grant to fund a much-needed construction project. Now what? Register for our upcoming webinar that will answer this question and more. Continue Reading Register Now: The Rules and Risks of Federal Grant-Funded Construction Webinar