News & Analysis as of

China Supply Chain Federal Acquisition Regulations (FAR)

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

Foley & Lardner LLP on

Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Morgan Lewis

US Government Continues Coordinated Efforts to Place Restrictions on Chinese Semiconductors

Morgan Lewis on

The Federal Acquisition Regulatory Council (FAR Council), the body charged with drafting the regulations affecting government contracts, recently released an advanced notice of proposed rulemaking outlining how it will...more

Wiley Rein LLP

FAR Council Kicks Off Rulemaking to Ban Certain Semiconductor Purchases; Seeks Comment from Contractors

Wiley Rein LLP on

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the James M. Inhofe National Defense Authorization Act (NDAA) for...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 9

Jenner & Block on

Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Sets Sights on Limiting Access to Chinese Biotech Companies

The BIOSECURE Act would prohibit federal agencies from contracting with, extending loans to, or awarding grants to, any company with existing or pending agreements with identified biotechnology companies. This limits funding...more

Holland & Knight LLP

Capturing Industrial Base from the DoD

Holland & Knight LLP on

With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is...more

Wiley Rein LLP

Important NDAA Provisions for Contractors and Their Supply Chains

Wiley Rein LLP on

On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

Holland & Knight LLP on

The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more

McCarter & English Blog: Government Contracts...

TikTok Dances Off of Contractor IT Devices—Interim Rule Prohibits ByteDance Limited Applications

On June 2, 2023, the FAR Council issued an Interim Rule to implement the prohibition on having or using TikTok or any successor application or service developed or provided by ByteDance Limited (covered application)....more

Braumiller Law Group, PLLC

Braumiller Law Group - June 2023 Newsletter

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to...more

Venable LLP

Department of Defense Expands Scope of Specialty Metals Restriction

Venable LLP on

In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense...more

Venable LLP

Section 5949 - Congress's Latest Prohibition on Chinese Technology in Federal Procurement, and What It Means for Government...

Venable LLP on

Chinese semiconductors are ubiquitous within the United States and its private- and public-sector supply chains. To contend with the attendant national security and economic risks (whether real or perceived), Congress...more

Holland & Knight LLP

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

Holland & Knight LLP on

President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

Wiley Rein LLP

The NDAA Includes Prohibitions Targeting Semiconductors Similar to Section 889

Wiley Rein LLP on

WHAT: Congress is advancing the final version of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY 2023). With provisions similar to Section 889 of the FY 2019 NDAA, Section 5949 of the FY 2023 NDAA...more

Morrison & Foerster LLP

Biden Administration Carries Forward Trump Era Executive Order Scrutinizing Imports And Sales Of Certain Communications Technology...

On March 22, 2021, the Department of Commerce (“Commerce”) interim final rule to implement provisions of Executive Order 13873 on Securing the Information and Communications Technology and Services (ICTS) Supply Chain became...more

Cozen O'Connor

New Rule Bans Federal Contractors from Using Chinese Telecom Equipment

Cozen O'Connor on

On August 13, 2020, an interim final rule published by the Federal Acquisition Regulations Council (the Council) went into effect that prohibits the use of certain telecommunications equipment produced by Chinese entities...more

Stinson - Government Contracting Matters

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of...more

McCarter & English Blog: Government Contracts...

DoD And GSA Release Guidance On Implementation Of Section 889 Part B

As covered recently in this blog, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration released on July 14, 2020, an Interim Rule covering...more

Perkins Coie

Compliance Burdens Grow With Rule Barring Government Contractors’ Use of Telecommunications Equipment or Services From Certain...

Perkins Coie on

The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei...more

Sheppard Mullin Richter & Hampton LLP

Interim Rule Confirms Section 889 Part B Restriction on Contractor Use of Chinese Telecom Will Go Into Effect August 2020

On July 14, 2020 the Department of Defense (“DoD”), General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) published an Interim Rule amending the Federal Acquisition Regulation...more

ArentFox Schiff

New Huawei Rule: What it Means for US Companies

ArentFox Schiff on

In another blow to Huawei, on August 7, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal...more

Perkins Coie

New Rule Prohibits U.S. Government Agencies From Acquiring Telecommunications Equipment or Services From Huawei, ZTE, Certain...

Perkins Coie on

In an interim rule published on August 13, 2019, the U.S. government revised the Federal Acquisition Regulation (FAR) to prohibit federal agencies from acquiring telecommunications equipment or services produced or provided...more

Hogan Lovells

Medical Device Contractor Settles FCA Allegations Based on TAA Violations

Hogan Lovells on

On Thursday, August 8, 2019, the Department of Justice (“DoJ”) announced that Danish medical device company Ambu, Inc. (“Ambu”) will pay $3.3 million to settle False Claims Act (“FCA”) allegations that it violated the Trade...more

Sheppard Mullin Richter & Hampton LLP

Effective Immediately! – FAR Amended to Include Prohibition on Chinese Telecommunications Equipment and Services in Government...

In accordance with Section 889(a)(1)(A) of the 2019 National Defense Authorization Act (Pub. L. No. 115-232) (the “2019 NDAA”), which required imposition of broad restrictions on procurements involving certain Chinese...more

Holland & Knight LLP

Interim Rule Banning Huawei and Other Chinese Companies Released

Holland & Knight LLP on

On Wednesday, August 7, DoD, GSA, and NASA released an interim rule that will have the effect of largely banning products and services from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation,...more

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