Topic Archives: National Security

October 15, 2019National Security

Foreign Investment 2020 (Part 3): CFIUS Spotlight on “TID” U.S. Businesses

This is the third in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA directed the U.S. Department of the Treasury (“Treasury”), as the chair of CFIUS, to issue ...›

October 1, 2019National Security

Foreign Investment 2020 (Part 2): Proposed Regulations Would Expand CFIUS Review of Real Estate Transactions

This is the second in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). One of FIRRMA’s many noteworthy changes was to expand the types of ...›

Federal Procurement
September 25, 2019National Security

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations

After more than a year of anticipation, the U.S. Department of the Treasury has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations follow an initial round of FIRRMA-implementing regulations issued in October 2018, which most notably included the Committee on Foreign Investment in the United States (CFIUS) ...›

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 ...›