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Deliver Uncompromised – or Else? DoD Considers Elevating Security in its Procurement Process

Client Alert | 1 min read | 08.14.18

Contractors may soon need to recalibrate their approach to DoD procurements. The Department recently announced that it is reviewing a strategy dubbed “Deliver Uncompromised,” which lays out recommendations for how it can better secure its vast and varied supply chain. Central to the strategy is an increased focus on security in the procurement process. A contractor’s overall security would join cost, performance, and schedule as key evaluation pillars – marking a significant shift in how contractors compete for work. The strategy recognizes, however, that its success would likely require increased incentives for the contracting community to invest in risk mitigation, including liability protections and tax incentives. Although only a proposal for now, the strategy is yet another indicator of the government’s broader emphasis on supply chain security. Just yesterday, the National Defense Authorization Act for Fiscal Year 2019 was signed into law in record time, with several provisions focused on the same issue.  

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Client Alert | 3 min read | 04.26.24

CFIUS Proposes Enhanced Enforcement and Mitigation Rules and Steeper Penalties for Non-Compliance

On April 11, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) announced proposed amendments to its enforcement and mitigation regulations, marking the first substantive update to CFIUS’s mitigation and enforcement provisions since the enactment of the Foreign Investment Risk Review Modernization Act of 2018.  The Committee issued a notice of proposed rulemaking ("NPRM”) that would modify the regulations that apply to certain investments and acquisitions, as well as real estate transactions, by foreign persons as follows:...