Thad McBride will present with Brian Cope, Director of International Trade for International Paper Company, at a Clear Law Institute webinar focused on exploring the key challenges companies face when engaging in export transactions, as well as best practices for avoiding enforcement action. Attendees of the webinar will learn to:

  • Examine the primary U.S. export controls laws and regulations
  • Understand penalties and recent enforcement actions
  • Recognize key compliance challenges, such as
    • Technology transfers
    • Conducting business with third parties
    • Entering new markets
  • Explore compliance best practices to prevent and detect violations

EVENT DETAILS:

Continue Reading Webinar – Export Controls: Compliance Challenges and Best Practices

In an article published by National Defense Magazine, Bass, Berry & Sims attorneys Richard Arnholt and Sylvia Yi provided insight on the significant changes affecting defense contractors from the National Defense Authorization Act (NDAA) for fiscal year 2018, specifically concerning bid protests.

There are two significant big protest changes in the new NDAA:

  1. the introduction of a new three-year pilot program in which large defense contractors will be required to pay the Department of Defense’s costs where a protest is denied by the Government Accountability Office (GAO); and
  2. the enhancement of post-award debriefing rights.

Continue Reading Richard Arnholt and Sylvia Yi Examine 2018 Changes in Challenges to Bid Protests from NDAA

On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for design and manufacture of maneuver support vessels (MSVs)—to Vigor Works LLC (VW). VT alleged the agency misevaluated the proposals and made an unreasonable source selection decision. The GAO disagreed. This bid protest provides a great example of the importance of understanding up front how the government plans to calculate price credits and how those credits can make your proposal more advantageous to the government.

Continue Reading Learning from Bid Protests: Price “Credits” for IP Rights

Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts set aside for small businesses.  These two cases highlight the importance of small business compliance and the submission of accurate and complete certifications. Continue Reading Small Business Fraud Leads to Large Monetary Liability in Recent Cases

Teaming Arrangements under the FAR

Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when:

  1. Two or more companies form a partnership or joint venture to act as a potential prime contractor; or
  2. A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified government contract or acquisition program.

Both of these arrangements have the potential to help small businesses increase the number of solicitations they can confidently bid on, but both also come with their own set of limitations to consider.

Continue Reading What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures

This Post at a Glance:

  • Company made false statements related to import duty charges
  • Investigation initiated by whistleblower complaint from company’s competitor
  • Trump Administration likely to impose more anti-dumping duties

On February 6, 2018, the Department of Justice (DOJ) announced that Home Furnishings Resource Group Inc. (HFRG), of Hermitage, Tennessee, agreed to a $500,000 settlement to resolve allegations that the company violated the False Claims Act (FCA). The DOJ contended that HFRG made false statements on customs declarations to avoid paying anti-dumping duties on wooden bedroom furniture that HFRG imported from China between 2009 and 2014.

Continue Reading Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA Penalty

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the Section 809 Panel (809 Panel). Congress instructed the 809 Panel to recommend amendments or repeals of defense procurement regulations. The 809 Panel’s objective was to help streamline or improve the efficiency and effectiveness of the defense acquisition process while still maintaining an advantage in defense technology. While Congress and the DoD are not required to adopt these recommendations, the report shows an attempt to define the issues in modern federal procurement and improve upon the old system. Continue Reading Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

In mid-January, the General Services Administration (GSA) released their Semiannual Regulation Agenda. Within this agenda, GSA announced plans to update requirements in the General Services Administration Acquisition Regulation (GSAR)—concerning reporting cyber incidents that potentially affect GSA or its contractors.

The agency will be turning to the Federal Information Security Modernization Act of 2014 (FISMA), along with other cyber regulations, as a model on how to update its policies. These updates would be improvements to the existing cyber incident reporting policy within GSA Order CIO 9297.2—i.e. GSA Information Notification Policy. By integrating these updated policies into the GSAR, contracting officers would be required to include cyber incident reporting requirements within all of their procurement contracts. Continue Reading General Services Administration Announces Plans to Update Cybersecurity Requirements for Contractors

Our attorneys will be participating in a panel discussion on unique M&A issues in government contracts. The panel will address key M&A issues, including due diligence, differences in transactions with public and private companies, and solutions to common government contracts issues.

Sylvia Yi will moderate and Todd Overman will be a panelist for this event that will be held at Wiley Rein in Washington, D.C.

EVENT DETAILS:

Continue Reading Event: Due Diligence and Unique M&A Issues in Government Contracts

Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can lead to companies qualifying as a Service-Disabled Veteran-Owned Small Business (SDVOSB) under VA standards yet but not SBA standards—or vice versa. This issue came to a head recently at the U.S. Court of Federal Claims (COFC) in Veterans Contracting Group, Inc. v. United States.

In a decision issued on December 15 and made public on December 21, the COFC restored a company’s ability to pursue contracts set aside for small businesses owned by disabled veterans by the VA. The decision came a day after the COFC reluctantly backed the SBA’s determination that the same company did not qualify for set-aside contracts under its rules. These conflicting decisions show the struggle the COFC and contractors face when dealing with inconsistent small business rules from two agencies.  

Continue Reading COFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules