In an article for Law360, I summarized the U.S. Department of Treasury’s new outbound investment regulations and outlined key compliance considerations for U.S. investors. I explained that the rule “aims to prevent U.S. capital and less tangible benefits like managerial services from accelerating the development of certain technologies that could harm U.S. security interests.”Continue Reading Key Compliance Considerations for U.S. Investors Under the Treasury’s New Outbound Investment Regulations
Watch Now | Managing Forced Labor and Other Supply Chain Compliance Challenges Webinar
As global supply chains continue to expand, it is essential to understand the legal, compliance, and practical challenges that arise. Forced labor, economic sanctions, corruption, and other risks can be significant, especially when relying on suppliers in China and the developing world. The early actions of the new Trump administration, and the responses from trading partners, make these challenges even more pronounced.Continue Reading Watch Now | Managing Forced Labor and Other Supply Chain Compliance Challenges Webinar
HHS-OIG Set To Intensify Scrutiny of Grants and Contract Compliance: How to Prepare
As we detailed in a previous blog, on October 3, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a strategic plan to “safeguard[] the integrity of HHS grants and contracts.” The plan comes after the HHS-OIG found “gaps in HHS oversight of grants and contracts—gaps that allow HHS funds to be misspent, programs to fall short of their promise, and people to be put at risk.”Continue Reading HHS-OIG Set To Intensify Scrutiny of Grants and Contract Compliance: How to Prepare
HHS Proposed Rule Seeks to Align Health IT Procurement Standards to Leverage Interoperable Data
On August 9, the Department of Health and Human Services (HHS) published a proposed rule that seeks to amend and update the Health and Human Services Acquisition Regulation (HHSAR) to align health IT procurement requirements. The rule mandates that health IT procured by HHS meet certain “standards and implementation specifications adopted by the Office of the National Coordinator for Health Information Technology.”Continue Reading HHS Proposed Rule Seeks to Align Health IT Procurement Standards to Leverage Interoperable Data
Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3
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
OFCCP Requires Affirmative Action Program Certification by July 1
On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify they have developed, and continue to maintain, AAPs. Continue Reading OFCCP Requires Affirmative Action Program Certification by July 1
Register Now | Demystifying Controlled Unclassified Information Requirements Webinar
Please join us on November 2 for an engaging webinar, Demystifying Controlled Unclassified Information Requirements: Overview of the Regulatory Landscape and Strategies for Implementing a Successful Compliance Program, alongside Stacy High-Brinkley from BDO. Together, we will illuminate the dynamic landscape of federal Controlled Unclassified Information (CUI) requirements.Continue Reading Register Now | Demystifying Controlled Unclassified Information Requirements Webinar
Register Now | Subcontract Negotiation Strategy and Best Practices Webinar
All government contractors routinely review and negotiate subcontractor agreements. Whether you are the prime or the subcontractor, these agreements are critical for delivering solutions to government customers and capturing federal compliance requirements.
Please join our panel of Bass, Berry & Sims Government Contracts experts – Richard Arnholt, Todd Overman, and Sylvia Yi – along with our in-house colleague, Chad Pryor, Chief Counsel, Public Sector at TTEC, to discuss the art of negotiating subcontractor agreements and best practices for ensuring a successful relationship for both parties.
The webinar will take place on Monday, March 6, 2023, from 1:00 p.m. – 2:00 p.m. ET. Click here to register.Continue Reading Register Now | Subcontract Negotiation Strategy and Best Practices Webinar
U.S. Government Brings Its Buying Power to the Fight Against Climate Change
As President Biden prepared to jet off to the United Nations COP27 Climate Summit in Egypt, his administration announced a proposed rule that would dramatically enhance government contractors’ compliance obligations related to climate change.
Continue Reading U.S. Government Brings Its Buying Power to the Fight Against Climate Change
OFCCP’s New Affirmative Action Program Oversight Tool
A 2016 Government Accountability Office (GAO) report noted that the Office of Federal Contract Compliance Programs (OFCCP) did not have an official method of validating contractors’ affirmative action plans or programs (AAP) compliance. GAO recommended that OFCCP progress from an “honors” or self-representation system to a mechanism that regularly monitors AAP compliance. In September 2020, OFCCP published a notice seeking comment on the possibility of an annual AAP certification and verification process.
On December 2, 2021, the U.S. Department of Labor (DOL) announced that federal service and supply contractors and subcontractors presently required to create and maintain written AAPs will also be required to certify whether they meet annual AAP requirements. Certification will be through a secure online Contractor Portal developed and monitored by OFCCP. Contractors can also upload their AAPs to the portal during a compliance evaluation. Certifying compliance in the Contractor Portal does not exempt a contractor or subcontractor from compliance evaluations. Contractors and subcontractors that are only construction and not supply and service contractors are not required to certify AAP compliance.Continue Reading OFCCP’s New Affirmative Action Program Oversight Tool