The Department of Defense (DoD) has long searched for ways to foster innovation in the defense industrial base by harnessing US comparative advantages like our capital markets and American technological innovation. The recent establishment of the Small Business Investment Company Critical Technology (SBICCT) Initiative aims to do just that as it adds another instrument to the DoD’s tool belt in order to “build enduring advantages for the warfighter and for the taxpayer.” Given the favorable terms offered, those looking to deploy capital should carefully review the benefits the SBICCT program has to offer.
Continue Reading SBICCT Initiative Adds New Tool to Drive InnovationInsight on U.S. Foreign Investment Regulations for ABA Business Law Today
We recently authored an article for Business Law Today offering insight into a proposed amendment to the operations of the Committee on Foreign Investment in the United States (CFIUS), the interagency committee that reviews foreign investment in the United States for potential national security implications.
Continue Reading Insight on U.S. Foreign Investment Regulations for ABA Business Law TodayInternational Trade Enforcement Roundup – Summer 2024
You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions and policy changes and providing a bit of our insight.
Continue Reading International Trade Enforcement Roundup – Summer 2024United States Files First Complaint Under the Civil Cyber-Fraud Initiative
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.
The government’s Complaint – the first filed in connection with its Civil Cyber-Security Initiative – highlights the government’s increasing scrutiny of cybersecurity compliance and offers several noteworthy takeaways for government contractors.
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 DataDoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program
On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program rule.
Continue Reading DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 ProgramException to Commercial Determination for Non-Traditional Defense Contractors Offers New Opportunities
In addition to opening the door to possible awards under the government’s Other Transactions Authority (OTA), products and services provided by contractors that meet the definition of a Non-Traditional Defense Contractor (NDC) may be treated by the government as commercial without any commercial determination pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 252.215-7013.
Continue Reading Exception to Commercial Determination for Non-Traditional Defense Contractors Offers New OpportunitiesWelcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards
We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority. Multiple agencies now have this OT authority, which was first conceived by the principal architect of the 1958 NASA authorizing statute, Paul Dembling, who included in that legislation a catchall authorizing “other transactions as may be determined as necessary in the conduct of its work and on such terms as it may been appropriate.”
Continue Reading Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production AwardsImpact of Chevron Reversal on Government Contractors
In a recent Law360 article, I provided insight on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overruled the long-standing deference afforded to administrative agencies’ interpretations of ambiguous statutes. Although the Loper decision does not directly address government contracts, I noted that it will almost certainly be read to resolve a circuit split under which some circuits have deferred to agencies’ interpretations of ambiguous terms in their own contracts.
Continue Reading Impact of Chevron Reversal on Government ContractorsBoeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud Charges
In a recent Law360 article, I discussed Boeing’s status as a federal contractor following the company’s guilty plea related to the fraud charges stemming from safety violations of its 737 Max 8 airplane. Although Boeing is one of the government’s top contractors for its work with the Department of Defense in terms of dollar value, the guilty plea could result in possible suspension or debarment from future federal contracts.
Continue Reading Boeing’s Status as Federal Contractor Following Guilty Plea Related to Fraud Charges