• 7-year denial order imposed against Chinese telecommunications equipment maker
  • Denial order strictly limits business with company
  • Action comes as U.S. imposes other trade restrictions on China

On April 16, U.S. Commerce Secretary Wilbur Ross announced a seven-year denial order (the Order) against Chinese telecommunications company Zhongxing Telecommunications Equipment Corporation (ZTE).  The Order prohibits ZTE from engaging in virtually any trade or other activities involving U.S.-origin goods or technologies.

Continue Reading US Hammers ZTE with Export Denial Order, May Further Weaken Trade with China

Congress created the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs in 1982 and 1992, respectively. These programs require certain government agencies to set aside a percentage of their extramural budgets so domestic small businesses can engage in research and development (R&D) with a strong potential for technology commercialization. Accordingly, 11 agencies support the SBIR program with five of them also having STTR programs. The Small Business Administration serves as the coordinating agency for the programs.

Small businesses receive multiple benefits by applying for SBIR/STTR awards. The funding is stable, predictable, and not a loan. In addition, the capital is non-dilutive, and the small business retains certain intellectual property rights for their developments. Companies can use their proposals for SBIR/STTR awards as an opportunity to develop a relationship with a university or other research institutions. These programs allow innovative small businesses to offset the cost of R&D while leaving them in control of any developed IP.

Continue Reading Additional Funding Available for SBIR/STTR Awardees at the State Level

In late March, Tennessee Governor Haslam proposed an amended budget for the fiscal year beginning July 1, 2018, which included $3 million toward LaunchTennessee Grants—demonstrating that Tennessee’s implementation of a matching program for Small Business Innovation Research (SBIR) and Small Business Technology Transfer Programs (STTR) survived as more than just a 12-month initiative.

Previous State Funding

Within the last year, Tennessee became the seventeenth state to implement a matching program for SBIR and STTR federal funding. However, there was no guarantee that the program would be funded for a second year. While Tennessee is among national leaders in terms of research funding, Tennessee-based businesses have not been as successful as other states in winning SBIR and STTR awards. This matching program sought to help increase the success rate.     Continue Reading LaunchTennessee’s SBIR/STTR Matching Fund Program Hoping for Another Successful Year

Todd Overman will be presenting at the 31st Annual Government Small Business Conference in Tampa on May 4, 2018. The event, co-hosted by the Florida Procurement Technical Assistance Center at USF and the Florida SBDC at USF, is a unique conference for small business owners to learn how to optimize business opportunities through informative workshops, panel discussions, and a Business Opportunity Expo featuring federal agencies.

Todd’s presentation, “Early Themes for Government Contractors Under the Trump Administration,” will highlight regulatory updates implemented by the Trump Administration that impact government contractors, as well discuss enforcement trends that could impact certain industries.  Issues to be covered include domestic preference, small business developments, and cybersecurity enforcement.

EVENT DETAILS:

Continue Reading Event – Regulatory and Enforcement Update: Early Themes for Government Contractors Under the Trump Administration

Bass, Berry & Sims attorney Thad McBride co-authored an article for Compliance & Ethics Professional magazine outlining best practices for conducting effective internal compliance investigations. Thad co-authored the article with Kate Garfinkel, Vice President and Chief Ethics & Compliance Officer at Alcoa Corporation.

As the article states, “A strong internal investigation process can make the difference between identifying and addressing a problem early on or letting it fester into an issue that becomes a legal liability and reputational crisis … Internal compliance investigations and reviews, when conducted in a confidential and professional manner, ensure that a company can adequately address compliance issues.”

Continue Reading Thad McBride Co-authors Article with Alcoa VP on Best Practices for Internal Investigations

On March 12, 2018, President Trump blocked Broadcom, a Singapore-based semiconductor manufacturer, from pursuing the purchase of U.S.-based Qualcomm, a rival chip maker.  Broadcom’s offer, reportedly for $117 billion or perhaps even more, would have been one of the largest technology deals in history.

The president’s decision followed a determination by the Committee on Foreign Investment in the United States (CFIUS) that the transaction was likely to pose unacceptable national security risks to the United States.  The president apparently made his decision shortly after Broadcom met with Pentagon officials in a final effort to salvage the deal.

Continue Reading CFIUS Continues Aggressive Intervention, Qualcomm Deal Blocked

The National Institute of Standards and Technology (NIST) is responsible for developing information security standards and guidelines—including minimum requirements for federal information systems. At the end of February, NIST released its Final Draft of Special Publication (SP) 800-171A—Assessing Security Requirements for Controlled Unclassified Information.

First proposed in November 2017, the publication means to provide agencies and contractors with guidance regarding how to conduct assessments under the prominent cybersecurity standard NIST SP 800-171—Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. This standard acts as the foundation for how contractors must protect all forms of Controlled Unclassified Information (CUI).

Continue Reading Final Draft of NIST SP 800-171A Still Open for Comments

Thad McBride will present with Brian Cope, Director of International Trade for International Paper Company, at a Clear Law Institute webinar focused on exploring the key challenges companies face when engaging in export transactions, as well as best practices for avoiding enforcement action. Attendees of the webinar will learn to:

  • Examine the primary U.S. export controls laws and regulations
  • Understand penalties and recent enforcement actions
  • Recognize key compliance challenges, such as
    • Technology transfers
    • Conducting business with third parties
    • Entering new markets
  • Explore compliance best practices to prevent and detect violations

EVENT DETAILS:

Continue Reading Webinar – Export Controls: Compliance Challenges and Best Practices

In an article published by National Defense Magazine, Bass, Berry & Sims attorneys Richard Arnholt and Sylvia Yi provided insight on the significant changes affecting defense contractors from the National Defense Authorization Act (NDAA) for fiscal year 2018, specifically concerning bid protests.

There are two significant big protest changes in the new NDAA:

  1. the introduction of a new three-year pilot program in which large defense contractors will be required to pay the Department of Defense’s costs where a protest is denied by the Government Accountability Office (GAO); and
  2. the enhancement of post-award debriefing rights.

Continue Reading Richard Arnholt and Sylvia Yi Examine 2018 Changes in Challenges to Bid Protests from NDAA

On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for design and manufacture of maneuver support vessels (MSVs)—to Vigor Works LLC (VW). VT alleged the agency misevaluated the proposals and made an unreasonable source selection decision. The GAO disagreed. This bid protest provides a great example of the importance of understanding up front how the government plans to calculate price credits and how those credits can make your proposal more advantageous to the government.

Continue Reading Learning from Bid Protests: Price “Credits” for IP Rights