Topic Archives: National Security

Federal Procurement
August 12, 2019National Security

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) implementing the first phase of Section 889 of the FY2019 National Defense ...›

Federal Procurement
January 8, 2019Federal Procurement, National Security

Senate Bill Demonstrates Continued Interest in the Federal Acquisition Supply Chain

For years, United States security agencies have recognized a threat to government information technology systems posed by contractor supply chains. The Government has struggled, however, to balance national security assessments of a contractor’s supply chain (which may include classified or otherwise sensitive information) against policies that favor transparency and competition. In many cases, a potential ...›

Federal Procurement
May 22, 2018M&A, National Security

MoFo Associate Charles Capito Moderating ABA PCLS M&A Committee Panel

On June 6, 2018, Morrison & Foerster Government Contracts Associate Charles Capito is moderating an ABA Section of Public Contract Law panel discussion titled “FOCI and CFIUS Issues in Government Contracts M&A.” Panelists include Jay Fraude, General Counsel, Defense Security Service; Damara Chambers, Of Counsel, Covington & Burling; and Farhad Jalinous, Partner, White & Case. ...›

Federal Procurement

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance.  The orders, signed March 8, 2018, impose a 25 percent tariff on imported steel and a 10 percent tariff on imported aluminum, with exemptions for imports ...›

Protests and Litigation

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.”  While this Order makes no substantive legal changes and, for now, appears to be more bark than bite, it should engender in all federal contractors a renewed focus on domestic preference laws.  Determining which domestic ...›

Federal Procurement

The “Buy American, Hire American” Executive Order, Digested

The domestic-preference provisions of President Donald Trump’s April 18 executive order on “Buy American, Hire American” are ambitious in scope, requiring government-wide action to maximize the use of U.S. goods. While the order’s provisions will prove tricky to effectively implement, it is nonetheless a harbinger of things to come. All government contractors — and especially ...›

International
July 19, 2017National Security

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries

Germany ends its longtime liberal approach to foreign investments by increasing its intervention possibilities at national level and by lobbying a stricter regime at the EU level. Since the takeover of German robotics champion KUKA by a Chinese investor last year, the public and political pressure on increasing protection against certain foreign investment was high. ...›

Defense
April 13, 2017National Security

The Russians Are Coming. Again.

The world watched on March 20, 2017, as FBI Director James Comey and NSA Director Admiral Mike Rogers testified about Russian interference in the 2016 U.S. presidential election before the House Intelligence Committee. However, as John P. Carlin remarks in this Politico op-ed, the biggest bombshell to come out of the hearing went largely overlooked. ...›