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Bid Protests

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub RelationshipsResponsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial BidNew Enhanced Debriefing Rule for Government Contractors

CFIUS

New CFIUS Guidelines Reflect Shift in Enforcement PostureA First! President Hones Government’s Foreign Investment ReviewImpact of Government Shutdown on CFIUS Reviews

Claims

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA PositionsThe Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction ContractsCOFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules

Commercial Items

Did the Federal Circuit Just Eliminate Commercial Services?Heightened Buy American Act Requirements Are Here and More Are on the Way

Compliance

Register Now | Subcontract Negotiation Strategy and Best Practices WebinarU.S. Government Brings Its Buying Power to the Fight Against Climate ChangeOFCCP’s New Affirmative Action Program Oversight Tool

Construction

First CHIPS Opportunity Lays Out Requirements and Application Process Advancing the “Made-in-America” MovementSubcontracts and Joint Ventures Pertaining to Construction and Engineering Firms (VIRTUAL EVENT)

Ethics

Thad McBride Co-authors Article with Alcoa VP on Best Practices for Internal InvestigationsContractor Alert: New Anti-Human Trafficking RuleGovernment Contractor Reaches Global Settlement to Resolve Procurement Fraud Allegations

Events

[WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small BusinessesRegister Now | Subcontract Negotiation Strategy and Best Practices WebinarWebinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You

Export - EAR

Commerce Issues Two Rules Impacting China Exports, PartiesRegister Now | A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU RestrictionsRegister Now | The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply

Export - ITAR

Register Now | A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions[WEBINAR] Update on Export EnforcementExport Enforcement Update: The Importance of Commodity Classification

False Claims Act

Buyer Beware: Settling FCA Allegations Costs Manufacturer $5.2 MillionGovernment Contractors Face False Claims Act Liability for Cybersecurity Non-ComplianceDOJ Expands False Claims Act Reach into Cybersecurity

Federal Acquisition Regulations (FAR)

New Legislation Strengthens Disclosure Requirements for Potential Organizational Conflicts of InterestGovernment Executive Article on Proposed Climate Reporting RuleDoD Publishes Final Rule Redesignating Contracts Previously Awarded Under FAR Part 12 Guidelines as Commercial Item Determinations (CIDs)

Government Contracts

First CHIPS Opportunity Lays Out Requirements and Application Process SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier[WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses

GSA Federal Supply Schedule (FSS)

GAO Recommends Steps to Ensure VA FSS Program Remains UsefulTrends and Changes in Federal Contracting for Fiscal Year 2020April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

Import (Customs)

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA PenaltyHappy New Year: OFAC Expands Exports of Medical Devices to Iran

Intellectual Property

[VIRTUAL EVENT] Spring 2022 Small Business Innovation ConferenceSee You at GovCon Summit 2021!Force Majeure Clauses Interpretation and COVID-19

International Trade

International Trade Enforcement Roundup - February 2023International Trade Enforcement Roundup – January 2023International Trade Enforcement Roundup – December 2022

International Trade Enforcement

International Trade Enforcement Roundup - February 2023International Trade Enforcement Roundup – January 2023

Labor & Employment

Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for YouArizona Judge Dismisses Challenge to Government Contractor Minimum Wage Executive OrderImpact of Increased Minimum Wage Requirement for Federal Contractors

Mergers & Acquisitions

Register Now | PubK’s GovCon Annual Review Conference 2023CBCA Opinion Provides Clarity on Anti-Assignment Act’s Murky “Operation of Law” ExceptionBuyer Beware: Settling FCA Allegations Costs Manufacturer $5.2 Million

OCI

New Legislation Strengthens Disclosure Requirements for Potential Organizational Conflicts of InterestNot Quite Good Enough: COFC Finds Agencies OCI Investigations Fall ShortBeware of Your Subcontractor’s Organizational Conflicts of Interest

Prevailing Wage Rates

DOJ's "Fairyland Damages" Calculation Rejected in Prevailing Wage Rate False Claims Act Case

Procurement Fraud

PCSF Strikes Again: Scheme to Rig Bids Results in Federal Grand Jury IndictmentAdvancing the “Made-in-America” MovementChanges Coming to the FCA? Proposed Amendments Would Impact Materiality Analysis, Government Discovery, Among Other Issues

Publications

COVID-19: What Employers Should Consider During the Coronavirus OutbreakCalling All Women-Owned Small Businesses: Self-Certify with CautionStakes for Exxon in Sanctions Case Go Far Beyond a $2 Million Fine

Sanctions (OFAC)

Russia, Ukraine: Update as of October 3Russia, Ukraine: Update as of August 9Russia, Ukraine: Update as of July 7

Security Clearances

Final Draft of NIST SP 800-171A Still Open for Comments

Size/Status Protests & Appeals

SBA OHA Clarifies Present Effect of “Indications of Interest” When Determining Size StatusSBA's All Small Mentor-Protégé Program Provides Critical Affiliation Exception for Eligible Joint VenturesEvent: 5th Annual Small Business Forum "Woman Owned Small Businesses, Breaking Through the Barriers"

Small Business Regulations and Programs

SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier[WEBINAR] Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small BusinessesAttention SBIR Applicants…Remember that Affiliation Rules Still Apply

Suspension & Debarment

Annual Suspension and Debarment Report Serves as a Reminder to “Turn Square Corners” When Dealing with the GovernmentSlight Decrease in FY2017 Suspensions and Debarments, but Contractors Should Take Note of the Continued High Level of ActivityWhy the Rise in Suspension and Debarment Actions?

U.S. Department of Defense

Inflation Relief on Its Way for Government Contractors?Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”And … They’re Off! Contractors Race to Comply Now that the COVID-19 Vaccination Deviations Have Arrived

Resources

  • Bid Protest Experience
  • Government Contracts & International Trade Practice
  • Government Contracts M&A Experience

Webinars

  • Subcontract Negotiation Strategy and Best Practices
  • SBA ASMPP Joint Ventures: Best Practices for Successful Partnerships
  • Procurement Fraud: Best Practices for Avoiding Risk During Heightened Government Scrutiny

Series

  • Russia/Ukraine Trade Updates
  • Small Business Regulations & Programs

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From the Bass, Berry & Sims Blog Network

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Bass, Berry & Sims GovCon & Trade blog features news, commentary and insight on the demanding and ever-changing regulatory environment of contracting with federal, state and local governments, and international trade issues when conducting a global business.

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