On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation.
Continue Reading Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility IssuesOFCCP 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 1Bid Protest Minute: Avoiding the Timeliness Trap
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely.
Continue Reading Bid Protest Minute: Avoiding the Timeliness TrapFinal Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information.
Continue Reading Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility CriteriaInternational Trade Enforcement Roundup – March 2024
You are reading the March 2024 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 – March 2024Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction
On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s Federal Supply Schedule (FSS) agreement with the Food and Drug Administration (FDA).
Continue Reading Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers JurisdictionSwiss Finance Company to Pay Almost $4 Million for Sanctions Violations
On March 14, the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) announced that EFG International AG (EFG), a Switzerland-based bank, had agreed to pay roughly $3.74 million to settle allegations that it had violated multiple U.S. sanctions regimes.
Continue Reading Swiss Finance Company to Pay Almost $4 Million for Sanctions ViolationsInsights on Russian Sanctions in The Washington Post
I recently shared insights on the landscape of U.S. sanctions on Russia for a story in The Washington Post entitled “Why the U.S. Put a $1 Million Bounty on a Russian Yacht’s Alleged Manager.”
Continue Reading Insights on Russian Sanctions in The Washington PostInternational Trade Enforcement Roundup – February 2024
You are reading the February 2024 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 – February 2024Cyber Defense Magazine Article on CMMC Proposed Rule
We published an article titled “Department of Defense Publishes Long-Awaited CMMC Proposed Rule,” in the March 2024 edition of Cyber Defense Magazine.
Continue Reading Cyber Defense Magazine Article on CMMC Proposed Rule