Government Contracts
Defense Industrial Base (DIB)
Fluet’s Defense Industrial Base (DIB) Practice helps companies and investors partner with the U.S. Government through its increasingly important industrial policy toolkit. Fluet attorneys have direct experience on both sides of DIB policy and have advised the National Security Council (NSC) and senior Department of War (DoW) leadership on how to utilize these industrial policy tools and programs and leading defense companies on how to benefit from them. Our attorneys have been at the forefront of the defining DIB issues of recent years, including participating in the establishment of the Office of Strategic Capital (OSC); advising the DoW on equity investment authorities; representing DoW interests to the DOJ Antitrust Division and the FTC in DIB mergers and acquisitions and consent order negotiations; addressing Committee on Foreign Investment in the United States (CFIUS) agreements; and negotiating multi-billion-dollar CHIPS Act awards.
Having helped draft the legislation and regulations that directly shape the U.S. and allied industrial base, our attorneys know where the next opportunity is likely to come from. Clients get the benefit of that combination — senior experience at the White House and the Pentagon, time in industry, and a working knowledge of how these tools and programs were built and how they are meant to be used.
Our attorneys help clients with solutions for:
- Identifying and seeking funding opportunities from the U.S. Government, including SBA loans, equity investment, the Industrial Base Analysis and Sustainment (IBAS) Program, CHIPS Act awards, other transaction agreements (OTAs), the DoW Manufacturing Technology (ManTECH) Program, and other opportunities.
- Issues related to the Defense Production Act of 1950 (DPA), such as the Defense Priorities and Allocations System (DPAS); DPA grants and other investments; voluntary agreements; and CFIUS.
- Critical and strategic materials matters, including the National Defense Stockpile, specialty metals, country of origin restrictions, and import/export controls.
- Advising companies on DoW equities, concerns, and authorities pertaining to DIB mergers and acquisitions and other antitrust matters, negotiating FTC consent order agreements, and conducting due diligence for transactions with the U.S. Government or DIB entities.
- Compliance with statutory, regulatory, FAR, DFARS, and other requirements.
- Understanding the international landscape affecting the DIB and how allied industrial policy affects business operations.
