On March 31, 2015, the Interagency Suspension and Debarment Committee (“ISDC”) released its report to Congress detailing federal suspensions and debarment actions for fiscal year 2014. From 2013 to 2014, federal agencies in aggregate increased their use of exclusion actions. The number of persons and entities proposed for debarments jumped from 2,229 to 2,241, and … Continue Reading
On December 17, President Obama announced that he will take steps to normalize relations with Cuba, prompting questions about what this means for an island nation that has existed under a Cold War-era embargo for more than 50 years. The announcement indicates a dramatic shift in U.S. foreign policy toward Cuba, affecting not only diplomatic … Continue Reading
Back in 2013, we reported that the Department of Veterans Affairs (“VA”) is not required to give veteran-owned small businesses (“VOSBs”) or service-disabled veteran-owned small businesses (“SDVOSBs”) preference for all contracts. In Kingdomware Technologies, Inc. v. United States (“Kingdomware”), the United States Court of Federal Claims accepted the VA practice of purchasing off the Federal … Continue Reading
In April, the Department of Energy announced a draft loan guarantee solicitation that could make as much as $4 billion in loan guarantees to help commercialize renewable energy and energy efficiency technologies. The loan program seeks to promote “technologies that are on the edge of commercial-scale deployment today,” according to Secretary of Energy Ernest Moniz. … Continue Reading
In March, the Federal Circuit settled a split between the Government Accountability Office (“GAO”) and the Court of Federal Claims that focused on the gray area between cooperative agreements and procurement contracts. Siding with the GAO, the appeals court ruled that the Department of Housing and Urban Development could not sidestep federal competition requirements by … Continue Reading
On April 9th, the Bureau of Industry and Security (“BIS”) proposed a rule that would remove certain documentation requirements in connection with Export Administration Regulations (“EAR”) license applications. Export nerds are well aware that changing these requirements would go a long way toward streamlining the license application process (which is ridiculous and complicated). As the … Continue Reading
The Russian Federation and the United States continue to clash over the proposed annexation of Crimea from Ukraine, with the United States adding 20 Russian officials and related persons to its list of sanctioned persons. Some of the persons recently added to the United States’ SDN List were recently sanctioned by the EU, as we … Continue Reading
Tensions continue to mount between the Russian and Ukrainian governments in the wake of a controversial referendum that threatens to expand the borders of the Russian Federation. The results of that Crimean plebiscite show that an estimated 97 percent of voters favor the Russian annexation of Crimea, but the peninsula’s ethnic Tartars boycotted the referendum. … Continue Reading
Speaking on Sunday’s talk-show circuit, Secretary of State John Kerry condemned Russia’s military intervention in the Crimea, accusing the Kremlin of invading the Ukraine and violating the UN Charter. The condemnation echoes calls from Capitol Hill to impose immediate sanctions against Russia, but Putin will likely persist despite such threats. In the past, Russia ignored … Continue Reading
In December 2013, the Office of Management and Budget (“OMB”) released its long-awaited final guidance for grants and other Federal non-procurement awards, entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” See 78 Fed. Reg. 78589. Also referred to as “the Super Circular,” this final guidance is “a key component of a … Continue Reading
This post was also written by Gautam Bhattacharyya. In June 2013, Secretary of State John Kerry issued a statement announcing that Singaporean financial institutions would be temporarily exempt from U.S. sanctions under Section 1245 of the National Defense Authorization Act. Singapore, and eight other countries, qualified for the exceptions because they reduced their volume of … Continue Reading
As part of the U.S. Government’s Export Control Reform Initiative, the Justice Department’s U.S. Munitions Import List (“USMIL”) has been “delinked” from the State Department’s U.S. Munitions List (“USML”). On April 22, 2013, the DOJ’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) issued a final rule that distinguishes defense articles and services controlled by … Continue Reading
Last month, the Department of Labor (“DOL”) issued two regulations that require federal contractors to employ more veterans and individuals with disabilities, updating long-existing federal laws. For over 40 years, the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRA”) and Section 503 of the Rehabilitation Act (“Section 503”) have required federal contractors and subcontractors to affirmatively … Continue Reading
Give small businesses a piece of the pie. That is the thrust of the U.S. federal statutory goal of awarding 23 percent of prime contract dollars to small businesses. Unfortunately, the Small Business Administration (SBA) reported earlier this month that the federal government missed its goal again in FY 2012, earning a “B” for its … Continue Reading
As many inside the Beltway know, the Budget Control Act of 2011 imposes automatic and wide-reaching cuts if the U.S. government fails to reach an agreement on fiscal policy (commonly known as sequestration). Unless Congress acts, the President is required to order cuts of approximately $85 billion from the federal budget on March 1, 2013. … Continue Reading
On January 2, 2013, President Obama signed into law an act that imposes new sanctions on Iran. The new sanctions target certain entities and transactions, but largely focus on the energy, shipping, and shipbuilding sectors of the Iranian economy. Several of these provisions will become effective on July 1, 2013. Please click here to read … Continue Reading
On January 4, 2013, the D.C. Circuit upheld a Department of Defense rule that probably has drug manufacturers feeling like they’re going to pay for drinks they didn’t order—but not literally, of course. In reality, the decision puts them on the hook for the partial refund of thousands of prescription drugs dating back to 2008. … Continue Reading
Two weeks ago we wrote about Rep. Van Hollen (D-MD) challenging the FEC’s electioneering communication disclosure provisions and the appellate court’s decision to refer the matter to the FEC. In response, the FEC yesterday filed a status report with the District Court for the District of Columbia, indicating that it would not pursue further rulemaking … Continue Reading
What do the SEC and Leonardo DiCaprio have in common? Both have brought attention to the area of “conflict resources” in Africa. But whereas Leo has acted in a movie about so-called “blood diamonds,” the SEC is turning the spotlight on “conflict minerals.” Regrettably, the public will not be enjoying an SEC-produced summer blockbuster regarding … Continue Reading
Yet another wrinkle has developed in the fabric of campaign finance reform, this time favoring the non-disclosure of donor information by groups responsible for “electioneering communications.” In a per curiam decision, the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit recently reversed a lower court decision that could have … Continue Reading
