A key aspect of SBA’s All Small Mentor Protégé Program (ASMPP) is the opportunity for mentors and protégés to form joint ventures to bid together on federal contracts and qualify as a small business.
Continue Reading [WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful PartnershipsNew Rule Seeks to Streamline DoD Commercial Product and Service Procurements
On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are inapplicable to DoD commercial item procurements, including acquisitions of commercial off-the-shelf items and commercial services. The changes aim to reduce barriers to entry and administrative burden for nontraditional defense contractors and streamline DoD procurement of innovative technologies from the private sector.
Continue Reading New Rule Seeks to Streamline DoD Commercial Product and Service ProcurementsNew Requirements for Government Contractors and Joint Ventures
I recently authored an article for Law360’s Expert Analysis column outlining a joint notice issued by the Information Security Oversight Office (ISOO), which offers guidance to government contractors regarding entity eligibility determination (EED) requirements for joint ventures.
Continue Reading New Requirements for Government Contractors and Joint VenturesFCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine
On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation into violations of the Foreign Corrupt Practices Act (FCPA). In addition to the DPA, Freepoint agreed to pay over $98 million in penalties.
Continue Reading FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million FineBid Protest Minute: The High Bar to Proving Contract Officer Bias
On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias.
Continue Reading Bid Protest Minute: The High Bar to Proving Contract Officer BiasForeign Corrupt Practices Act Update: Considerations Around Voluntary Disclosures
In September 2022, Deputy Attorney General Lisa Monaco outlined the Department of Justice (DOJ) approach to enforcing corporate misconduct and directed agencies to review existing voluntary self-disclosure policies or, if none exist, draft new ones.
Continue Reading Foreign Corrupt Practices Act Update: Considerations Around Voluntary DisclosuresInternational Trade Enforcement Roundup – November 2023 Update
You are reading the November 2023 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 – November 2023 UpdateBid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice
On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement.
Continue Reading Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and PrejudiceCyber Incident Reporting May Be “Material” for Federal Contractors
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). The proposed regulations include data incident reporting requirements the government explicitly designated as material to government contractors – meaning a failure to follow the reporting requirements could be grounds for False Claims Act liability.
New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the Cognizant Security Agency (CSA) is responsible for determining which entities are required to hold an Entity Eligibility Determination (EED), also known as a Facility Clearance (FCL), and providing specific guidance as to which entities must possess EED in different scenarios.
Continue Reading New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures