Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). The proposed regulations include data incident reporting requirements the government explicitly designated as material to government contractors – meaning a failure to follow the reporting requirements could be grounds for False Claims Act liability.

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On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the Cognizant Security Agency (CSA) is responsible for determining which entities are required to hold an Entity Eligibility Determination (EED), also known as a Facility Clearance (FCL), and providing specific guidance as to which entities must possess EED in different scenarios.

Continue Reading New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures

Two recent opinions released by the Department of Justice (DOJ) serve as a reminder that even under the strictly enforced Foreign Corrupt Practices Act (FCPA), payments to government officials are permissible in certain situations. Given how rarely DOJ issues such opinions and because each provides insight into DOJ’s current view of enforcement in particular scenarios, it is worth considering what can be learned from each opinion.

Continue Reading FCPA Update: DOJ Opinion Procedure Releases Underscore That Payments to Officials Are Sometimes Permitted

You are reading the October 2023 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 – October 2023 Update

The health of the Defense Industrial Base (DIB) has been brought to the fore as the United States responds to wars in Ukraine and Israel. Unfortunately, according to the National Defense Industrial Association’s “Vital Signs” report, the U.S. DIB faces numerous challenges due to limited capacity to surge production, political obstacles to defense budgeting, and labor challenges.

Continue Reading GAO Assesses Health of the Defense Industrial Base

The Corporate Transparency Act (CTA), which aims to curb illicit financial activities like money laundering and other fraudulent activities, will go into effect on January 1, 2024. Consequentially, many types of businesses, known as “reporting companies,” will be required to provide certain identifying information to the Financial Crimes Enforcement Network (FinCEN) related to the individuals who directly and indirectly own them. The information will then be stored in a non-public database to be used in a variety of government enforcement efforts.  

Continue Reading The Corporate Transparency Act: A Primer for “Small” Businesses

On September 21, the Biden administration approved recommendations from the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) in federal procurement processes.

Continue Reading Biden Administration Directs Federal Agencies to Consider Social Cost of Greenhouse Gases in Procurement