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What You Need to Know

  • Key takeaway #2: Contractors should also be aware of any 1260H-listed entities in their supply chains and implement supply chain screening procedures to ensure compliance with the Entity Prohibition and Goods and Services Prohibition from Section
  • On October 4, 2023, Deputy Attorney General (DAG) Lisa O. Monaco announced the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (Safe Harbor Policy).

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    What You Need to Know

    • Key takeaway #1 Issuance of Executive Order and Rulemaking: On August 9, 2023, President Biden issued a long-anticipated “Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “Executive Order”). The Executive Order, which the President issued pursuant to the

    On March 22, 2023, the Department of Defense (DoD) issued a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require certain contractors to provide export authorizations to the Defense Authorization Management Agency (DCMA).

    DCMA performs quality assurance reviews for manufacturing operations to ensure contractors have the appropriate systems in place

    Proposed rule to improve uniformity and consistency in the implementation of Build America, Buy America (BABA) requirements applicable to federally funded infrastructure projects pursuant to the Infrastructure Investment and Jobs Act (IIJA). This alert would be targeted to companies that are involved in federally-funded infrastructure projects, whether as contractors or lower-tier suppliers.

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    On October 20, 2022, the Committee on Foreign Investment in the U.S. (CFIUS) adopted long-awaited CFIUS Enforcement and Penalty Guidelines (the “Guidelines”) identifying how it will review and consider three categories of non-compliances that may be subject to penalties:

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    On September 15, 2022, the Biden Administration issued a new executive order (“EO”) and accompanying fact sheet, designed to sharpen the current U.S. foreign investment screening process as administered by the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”).[1]  This EO is the first to specifically identify certain additional

    H.R. 3684, the “Infrastructure Investment and Jobs Act” and H.R. 5376 the “Build Back Better Bill” propose multiple financial and tax incentives for green energy initiatives. These new incentives will extend and revise existing credits and generate new opportunities for infrastructure and energy companies and investors. Listen to our attorneys with decades of experience in

    Join us for this second webinar in our series aimed at exploring best practices in mergers & acquisitions involving government contractors. In this webinar, we will focus on national security-related issues and risks impacting transactions involving government contractors. Topics will include:

    • Due diligence risk areas, including facility and personnel clearances, supply chain security, cybersecurity, export

     On July 1, 2021, the Federal Emergency Management Agency (FEMA) announced the expiration of its Temporary Final Rule (TFR) allocating certain health and medical resources for domestic use. The TFR – originally issued on April 10, 2020 and reissued for a second time on December 31, 2020 –  prohibited surgical N95 filter facepiece respirators, personal