The Department of War’s (DOW) Defense Innovation Unit (DIU) recently launched a new pilot program designed to address one of the longstanding barriers facing commercial companies seeking to enter the classified defense market: obtaining a facility security clearance before they
GovCon & Trade
The GovCon & Trade blog, published by Bass, Berry & Sims PLC, focuses on legal developments and regulatory issues related to government contracting and international trade. It covers topics such as compliance with federal, state, and local government procurement regulations, foreign ownership and control assessments in defense contracting, sanctions enforcement including OFAC penalties, export controls and trade restrictions, and joint venture eligibility under small business programs. The blog provides updates on legislative and regulatory changes affecting contractors and businesses engaged in government contracts and global trade, including insights on mitigating risks and navigating complex legal frameworks in these areas.
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D.C. Circuit Upholds FRA Buy America Waiver for Brightline West High-Speed Rail Project
In a September 25 decision, the D.C. Circuit concluded that FRA reasonably determined that the required high-speed trains were not domestically available and that the agency adequately explained why a limited waiver was appropriate. The decision resolves, at least for…
FinCEN Identifies $17.5 Billion in Suspected Healthcare Fraud, Reinforces Prior Warning to Financial Institutions
On September 9, the U.S. Department of the Treasury announced that the Financial Crimes Enforcement Network (FinCEN) had identified approximately $17.5 billion in suspicious financial activity potentially connected to healthcare fraud. Part of the Treasury Department, FinCEN has primary responsibility…
Bid Protest Minute: Corporate Affiliation Is Not Enough! GAO Clarifies When Offerors May Rely on Affiliate Experience
The Government Accountability Office (GAO) recently sustained a bid protest challenging an agency’s decision to credit an awardee with the experience and past performance of an affiliated company. In Battelle Memorial Institute, B-424575, B-424575.2 (Sept. 10, 2026), GAO concluded…
Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs
On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race-…
DOJ’s $2 Million Honeywell Settlement Under the Civil Cyber-Fraud Initiative: What Compliance Failures Mean for Defense Contractors
The Department of Justice (DOJ) continues to use the False Claims Act (FCA) to pursue government contractors for alleged failures to comply with contractual cybersecurity requirements. On September 1, DOJ announced that Honeywell Aerospace Inc. agreed to pay $2,042,518 to…
CAS Board Raises Contract Thresholds to $35 Million and Eliminates CAS 407: What Federal Contractors Need to Know as DoW Demands Cost and Pricing Transparency
Federal contractors are heading into October with significantly different cost accounting rules, while defense contractors are also facing renewed pressure to provide the government with greater visibility into their costs and pricing.
On September 1, the Cost Accounting Standards (CAS)…
DOJ Continues DEI False Claims Act Enforcement with $25 Million Accenture Settlement
On September 14, the U.S. Department of Justice (DOJ) announced that Accenture Federal Services (AFS), Accenture plc, and Accenture LLP (collectively, Accenture or AFS) agreed to pay $25 million to resolve allegations that AFS violated the False Claims Act (FCA)…
BIS Settlement Highlights Russia Export Control Risks for EAR99 Items and Third-Country Transactions
On August 24, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a $1 million settlement with Ohio-based Container Manufacturing Ltd. (CML) to resolve allegations that the company exported restricted industrial parts to Russia without authorizations required…
Deloitte DEI Settlement Highlights False Claims Act Risk at Both Federal and State Levels
The U.S. Department of Justice (DOJ) announced on August 25 that Deloitte has agreed to pay $21.5 million to resolve allegations that certain diversity, equity, and inclusion (DEI) practices discriminated against employees and applicants based on race or sex and…