Previously we reported on President Trump’s Executive Orders banning U.S. nationals’ investment in designated Chinese companies that pose a threat to our national security under the International Emergency Economic Powers Act. Law360 reports that under that ban a total of 44 companies were designated as Communist Chinese Military Companies (CCMCs). In addition, we reported on the implementation of requirements of the Federal government and its supply chain not to use or purchase designated Chinese telecommunications and video surveillance equipment and services due to the threats they pose to our national security. Contractors are now required to report if they use or would deliver covered equipment or services and the agencies are directed not to buy from such contractors unless an exception or exemption applies.
Continue Reading President Expands Ban on Chinese Military-Industrial Complex Companies Based on Finding of Unusual and Extraordinary Threats – Actions to Address Cybersecurity and Supply Chain Risk Continuing
How Do You Address Solicitation Requirements and Contract Performance After CMMC Rollout?
Understanding the requirements for compliance with the interim DFARS rule on basic assessment and compliance with Cybersecurity Maturity Model Certification (CMMC) is not a task for the faint of heart. The rule requires that you accurately report the status of your compliance with the cybersecurity requirements in National Institute of Standards and Technology Special Publication (NIST SP) 800-171 and, for specific procurements in the initial CMMC pilot program and moving forward, that you address your level of compliance under the CMMC program. Preparation here is crucial as the Department of Defense (DoD) has announced that all contractors, except those solely furnishing Commercial Off-The-Shelf (COTS), must submit their basic compliance assessment into the Supplier Performance Risk System (SPRS) to be considered for future contract awards.
Continue Reading How Do You Address Solicitation Requirements and Contract Performance After CMMC Rollout?
In the Wake of Colonial Pipeline Cyber Incident, President Issues Executive Order on Improving the Nation’s Cybersecurity – What Will It Do?
If you live on the East Coast and tried to get gasoline last week, you already know firsthand of the impacts that a cyber incident can wreck on the supply chain. As a result of the Colonial Pipeline cyber incident, a ransomware attack that led to the six-day shutdown of a key pipeline for gasoline,
Antitrust Developments and the Potential Impact on Government Contractors
The Remedy of Divestiture: Steves and Sons, Inc. v. JELD-WEN, Inc.
For what is believed to be the first time ever, a private plaintiff successfully challenged an already consummated merger under antitrust law and won divestiture as part of its remedy. Does this pose a potential increased risk of antitrust enforcement remedies of divestiture only
Securing the Supply Chain
Numerous pieces of legislation and regulation have been issued in recent years to address the increased threats to the supply chain. We previously reported on the various aspects of the Section 889 ban on the Government and government contractors’ use and delivery of covered Chinese telecommunications and video surveillance equipment, components and services, and the