As the number of confirmed 2019 novel coronavirus (COVID-19) cases continues to rise across the country and around the world, employers are looking for guidance regarding how they should react to the potential for spread of the virus. Several government agencies have responded to this demand. Bass, Berry & Sims’ labor & employment attorneys have
We provided insight on opportunities in government contracting for women-owned small business (WOSB) owners in a September 22, 2017, article in the Nashville Business Journal.
Tennessee is among the 10 fastest-growing states for women-owned companies and currently has approximately 64,000 women-owned businesses. The U.S. Small Business Administration’s (SBA) women-owned small business program aims to provide eligible businesses a better shot at securing government contracting opportunities, and since it began in 2011, the program has been updated to eliminate barriers to entry, such as the removal of contract caps on set-aside awards and the authority to award sole-source contracts. These improvements helped lead the government to meet and exceed its 5% contracting goal to women-owned small businesses for the first time in fiscal year 2015.
I provided insight for an article published by The New York Times on the $2 million fine that the U.S. Treasury Department charged Exxon Mobil for violating Russian sanctions. Exxon apparently entered into eight contracts with Rosneft, the Russian state oil company, signed by Rosneft CEO Igor Sechin, who is a prohibited party under U.S.…
I commented on an article published in RealClearDefense, on the impact of the April executive order highlighting the Trump administration’s intention to renew the focus on sourcing domestic resources and employees for government contracts. The order requires increased enforcement of current “Buy American” laws, which date back to the Depression-era statutes Congress passed in 1933. The Office of Management and Budget (OMB) and the Commerce Department released follow-up guidance in late June requiring all federal agencies to prepare a compliance plan by September 15, 2017.
Continue Reading “Buy American” Rules Have Major Implications for Defense
In an article published by Bloomberg BNA, I discussed the status of U.S. sanctions on Cuba in anticipation of the incoming change in administration. I believe Cuba may be a low priority for the Trump administration and that the president-elect will turn his attention to trade issues in other countries while the incoming Republican-controlled Congress…
As a follow-up to a previous article, we’ve authored further details about the actions a company should take to respond to a discovered violation of U.S. sanctions. As pointed out in our article, while each enforcement action is different, “a company should consider their response to an OFAC violation an opportunity to attempt to mitigate…
We recently authored an article outlining steps a company should take to respond to a U.S. sanctions violation. The following actions are recommended:
- Implement immediate remedial actions
- Decide whether to self-disclose
- Scope the internal investigation
- Take corrective action
- Negotiate with OFAC
The full article, “Responding to an OFAC Violation,” was published by Lexis Practice Advisor®.…
Recently, I discussed contracting financial burdens in an article for National Defense Magazine outlining the potential for the new Trump administration to alleviate some regulations to lure new businesses into the government contract industry. As I point out in the article, “contracting regulations in recent years have added hundreds of millions of dollars in costs…
We recently authored an article regarding U.S. sanctions compliance best practices. The article addresses:
- Who is subject to U.S. sanctions;
- Who is targeted by U.S. sanctions;
- What actions are prohibited with sanctioned parties;
- How to apply for authorization to perform prohibited activities;
- The penalties that can be imposed for U.S. sanctions violations; and
- Best practices
I provided comments for an article outlining the U.S. Supreme Court’s decision in Kingdomware, requiring the Department of Veterans Affairs (VA) to set-aside contracts and Federal Supply Schedule orders for eligible veteran-owned businesses under the Rule of Two.
The full article, “Supreme Ct. Backs Kingdomware: Vet Preference Applies to All VA Contracts,” was…