BIS Issues New Proposed Rule on Cybersecurity Items

Proposed Measure Would Add New Categories and Licensing Requirements; Move Some Items From Encryption Controls to New ECCNs

Amid a flurry of reports about someone claiming to have hacked a passenger plane through its entertainment system, BIS has issued an uncannily well-timed proposed rule (available here) that would control certain cybersecurity items.  The new rule implements certain 2013 changes to the Wassenaar Arrangement.  There is a comment period ending July 20.  Companies whose products and services may be affected by this proposed rule should review it carefully and consider whether comments would be appropriate.  More ›

Unmanned Aircraft Systems Symposium

Join us on June 11, 2015 at the National Transportation Safety Board (NTSB) Conference Center for a Symposium titled, “So You Want to Be in the Unmanned Aircraft Systems (UAS) Business: One Year Later.” The Symposium, which will build upon last year’s event, will feature experts from the Federal Aviation Administration (FAA), the NTSB, the UAS industry, and the legal profession discussing the ins, outs, and updates to the rapidly changing UAS environment. Speakers will touch upon a variety of UAS-related topics, including but not limited to: FAA’s proposed regulations and projects covering UAS; privacy issues; ways to limit liability; and how to obtain authorization for UAS operations. We hope to see you there.   

For more information about this event, please follow this link.

If you would like to register, click here.

BIS Issues Guidance on Due Diligence to Prevent Unauthorized Transshipment to Russia

Since the Bureau of Industry and Security (“BIS”) – as well as the Office of Foreign Assets Control (“OFAC”) – began imposing restrictions on Russia in response to the situation in Crimea, U.S. exporters have wrestled with what those restrictions mean for their businesses and how to comply with them.  In March 2014, BIS announced that it was placing an indefinite hold on the processing of license applications to Russia.  Following this, BIS imposed additional restrictions on exports to certain industry sectors in Russia, as well as additional end use and end user restrictions.  For instance, BIS imposed restrictions on the export of certain items destined for Russian deep water, Arctic offshore, or shale energy exploration or production in August 2014.  In September 2014, BIS imposed restrictions on exporting specified items if they will be used by a military end user or for a military end use. Then in December 2014, BIS added certain microprocessors to the military end user and end use restrictions.  More ›

Recently Effective FAR Modification Creates Confusion Regarding Uncompensated Overtime for Service Contractors

In light of a recent modification to the Federal Acquisition Regulation (“FAR”) regarding the identification of uncompensated overtime in service contracts, now, more than ever, contractors must make sure that:  (1) they have in place clear policies and processes regarding time recording and estimating, and accumulating and reporting labor hours, labor rates, and indirect costs; and (2) they are complying with said policies and processes. More ›

Controlled Unclassified Information In the Security Crosshairs

The National Archives and Records Administration (“NARA”) published a proposed rule on Friday that would establish a government-wide policy related to controlled unclassified information (“CUI”).  See 80 Fed. Reg. 26501 [found here].  The proposed rule would establish policies for agencies on designating, safeguarding, disseminating, marking, decontrolling, and disposing of CUI.  Most importantly for contractors is that these extensive additional requirements could soon start infiltrating government contracts for which CUI is provided or created.  More ›

Legislative Watch: Potential Changes That May Affect Responsibility Determinations

As we report in more detail in the upcoming Legislative and Regulatory Update, appearing in the April issue of NCMA Contract Management Magazine, Congress has recently taken two noteworthy legislative actions that could greatly affect contractor responsibility determinations.    More ›

Better Buying Power 3.0 Initiative: Important Potential Effects on Contractors

The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics recently issued a directive on the  implementation of Better Buying Power (“BBP”) 3.0, the latest iteration in Under Secretary Frank Kendall’s effort to increase the productivity, efficiency, and effectiveness of Department of Defense (“DoD”) procurement.  While BBP 3.0 reinforces prior BBP initiatives more than it reinvents them, the directive indicates a stronger emphasis on innovation, technical excellence, and product quality.  Many of the new initiatives could have significant impacts on the acquisition process.  More ›

Denver Government Contracts Briefing

Please join us on May 5th at the Ritz-Carlton, Denver for our annual Government Contrast briefing series. We will examine several "hot topics" in government contracting, including Mergers and Acquisitions, International Contracting, Cybersecurity, Intellectual Property, Tort Litigation and E-Discovery, as well as our traditional updates on Acquisition, Performance, Fraud and Compliance and Cost and Pricing issues.

For more information, please contact Samantha Toner.

Going Global: McKenna Long & Aldridge Government Contracts Group Enhances its Capabilities With Dentons Merger

The Government Contracts department of McKenna, Long and Aldridge LLP is proud to announce that the partners of our firm have agreed to merge with the partners of Dentons US LLP.  As part of Dentons, the McKenna Government Contracts Group will offer clients unrivaled access to markets throughout the US and around the world.  The merged firm will have approximately 1,100 attorneys in 21 offices in the US, and approximately 6,600 total lawyers and professionals worldwide, with offices in more than 125 locations across 50 plus countries. More ›

Dentons & McKenna Long to Merge, Giving Clients a Competitive Edge

Dentons & McKenna partners approve merger. Learn more about how clients inside the US will gain unrivaled access to markets around the world and international clients will enjoy increased strength and reach across the US.  

Topics: Combination