On the heels of the FTC’s opposition to Lockheed Martin’s acquisition of Aerojet Rocketdyne and Lockheed’s termination of the deal, the Department of Defense (DoD) released a report expressing concerns about the state of competition among its contractors. Of particular note, the report encourages DoD action to (1) increase oversight of M&A transactions and (2)

Carl Wiersum
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Biden Administration 100-Day Supply Chain Assessment: Insights for Pharmaceutical Manufacturers
By Jennifer Plitsch, Carl Wiersum & Sarah Schuler on
Last month, the Biden administration released its report on the results of its 100-day review of U.S. supply chains for critical products: “Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth” (the “Report”). Alongside the Report’s slate of policy recommendations, the Biden administration also announced immediate actions to strengthen supply chains
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U.S. Senators Propose Trade-Pact Waivers Amidst Focus on Domestic Preference Laws
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President Trump Issues Executive Order Prohibiting “Divisive Concepts” in Federal Contractor Trainings
On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO. The EO is broadly applicable to
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Trump Administration Increases Uncertainty for Pharmaceutical Manufacturing
Last week, President Trump issued an executive order aimed at encouraging the expansion American manufacturing of essential medical products — Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (August 6, 2020) (the “Order”). The Order sets forth an ambitious plan requiring extensive agency action on a
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Look Before You Release — ASBCA Enforces Release of Claims to Contractor’s Detriment
By Kayleigh Scalzo & Carl Wiersum on
Posted in COVID-19, Uncategorized
The decision, Appeal of Horton Construction Co., Inc., ASBCA No. 61085 (June 2, 2020), concerned
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FEMA Continues to Push Defense Production Act Authority On Several Fronts
By Jennifer Plitsch & Carl Wiersum on
Two notices recently published in the Federal Register indicate the Federal Emergency Management Agency (“FEMA”) intends to exercise Defense Production Act (“DPA”) authority in novel ways during the current coronavirus pandemic.
On May 12th, FEMA announced that it plans to invoke DPA authority which permits the President to consult with representatives of industry, business, financing,
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A Coronavirus Contractor’s Guide to the PREP Act
By Jennifer Plitsch & Carl Wiersum on
We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors affected by the …
Suspension & Debarment Update: SBA to Sharpen Suspension & Debarment Procedures
By Frederic Levy, Michael Wagner & Carl Wiersum on
Posted in Bank Regulation, Uncategorized
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