In an article for Law360, I examined recent updates related to the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA bans U.S. companies from importing “goods, wares, articles or merchandise” that were produced using forced labor.
Continue Reading Effects of UFLPA on U.S. ImportersOHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement (JVA) and its supporting addendum disqualified it from small business status for the subject procurement.
Continue Reading OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture RequirementsAI and International Trade Aspects of Contractual Agreements
We recently authored an article published by Law.com emphasizing the significance of incorporating specific international standards, such as ISO/IEC 27001 for data security and ISO 9001 for quality management, into contractual agreements when dealing with artificial intelligence (AI) and international trade. We discussed how this integration can help manage AI effectively, minimize risks, increase transparency, and foster trust among the parties involved.
Continue Reading AI and International Trade Aspects of Contractual AgreementsSBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses
On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the ability of service-disabled veteran-owned small businesses (SDVOSBs) to self-certify their small business socioeconomic status for subcontracts and other non-set aside prime contracts.
Continue Reading SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small BusinessesThe Tale of a Self-Disclosure
Last week, the Department of Justice (DOJ) announced a $12 million settlement with spinal device manufacturer, Innovasis Inc. (Innovasis), and senior executives Brent Felix and Garth Felix related to allegations that they violated the False Claims Act (FCA) by paying kickbacks to surgeons to induce their use of its spinal devices.
Continue Reading The Tale of a Self-DisclosureFAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries.
Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain SemiconductorsInternational Trade Enforcement Roundup – April 2024
You are reading the April 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 – April 2024Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3
On May 2, the Department of Defense (DOD) issued a class deviation to DFARS 252.204-7012 “to provide industry time for a more deliberate transition upon the forthcoming release of [National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Revision 3].”
Continue Reading Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case
On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule that increased the minimum wage paid by government contractors to $15 an hour.
Continue Reading Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage CaseScope and Impact of the FTC’s Non-Compete Rule for Employers
On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.
Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for Employers