The Committee on Foreign Investment in the US (CFIUS) has announced an Interim Final Rule requiring payment of filing fees in connection with any Joint Voluntary Notices submitted on or after May 1, 2020 for “covered transactions” under 31 C.F.R. Part 800 or for “covered real estate transactions” under Part 802. The Interim Final Rule
Coronavirus Update: GSA Issues Class Deviation Regarding Implementation of Section 3610 of the CARES Act
On April 21, 2020, the General Services Administration (GSA) Office of Governmentwide Policy, issued Class Deviation CD-2020-12, effective immediately, which sets forth implementation guidance for Section 3610 of the CARES Act and creates a new General Services Administration Acquisition Regulation (GSAR) contract clause.
Click here to continue reading the full version of this alert.
Coronavirus Update: GSA Makes BAA and TAA Non-Availability Exception Due to COVID-19 National Emergency, Applicable to GSA Schedule Orders
On April 3, 2020, the General Services Administration (GSA) issued a class determination of non-availability under both the Buy American Act (BAA) and Trade Agreements Act (TAA) clauses, effective through July 1, 2020 and applicable to GSA Schedule orders, to address the immediate and urgent needs of GSA and other agencies to preserve lives in
COVID-19 Effects on Cleared Contractors
On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things:
- DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will
OMB Releases Guidance on Contract Performance Issues Impacted by COVID-19
On March 20, 2020, the Office of Management and Budget (“OMB”) released guidance to agencies heads on managing federal contract performance issues impacted by COVID-19 [Linked here: M-20-18]. The memo and attached Frequently Asked Questions (“FAQs”) focus on the following main issues:
Telework: agencies are encouraged to maximize telework for contractor employees, wherever
Please Join Us for a Government Contracts Classroom Webinar: Navigating an Evolving Supply Chain Landscape in the Face of the Coronavirus Pandemic
The Coronavirus Pandemic continues to cause disruptions and highlight vulnerabilities in supply chains across nearly all industrial sectors. As businesses attempt to respond to challenges in obtaining parts and supplies, meeting contract supply and staffing requirements, and adhering to CDC recommendations, companies should be aware of how to minimize disruptions, preserve their rights, and avoid
Pay to Play: CFIUS Implementing Fees for Submissions of Voluntary Notices
On March 4, 2020, the Department of Treasury released a proposed rule to implement section 1723 of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) and require filing fees on voluntary notices to the Committee on Foreign Investment in the United States (CFIUS) for transactions that exceed $500,000. No fee will be required
The JAIC Rolls Out DoD’s Ethical Principles for Artificial Intelligence
On February 24, 2020, following Secretary of Defense Mark Esper’s call on the private sector to work with the Department of Defense (DoD) to develop principles for using Artificial Intelligence (AI) in a “lawful and ethical manner,” (as we previously reported on here), the DoD announced its adoption of ethical principles for AI. The
Federal Circuit Confirms Qualification as a “U.S.-Made End Product” under the TAA, Does Not Require Substantial Transformation in the U.S.
Today, in Acetris Health, LLC v. United States, the Federal Circuit held that a pharmaceutical manufactured in the United States qualified for sale, under the TAA, to the Department of Veterans Affairs even though the active pharmaceutical ingredient (API) came from a non-designated country, India. In reaching this decision, the court questioned, without deciding,
DoD Acquisition Chief Looks Back at the Year that Was and Previews the Year to Come
On December 10, 2019, Under Secretary of Defense for Acquisition and Sustainment, Ellen Lord, briefed the press on the Department of Defense’s (DoD) significant acquisition reform achievements in 2019 and outlined many of the DoD’s top priorities for the coming year. Among a litany of other topics, the Secretary discussed efforts to streamline the