The U.S. Government (USG) is the world’s largest customer, including for space-related products and services, offering numerous opportunities to businesses through its procurement system. As with many other governments, the rules for qualifying to sell products and services to the USG are not the same for foreign companies as for domestic companies. This session is geared at non-US companies in the space industry, and will contain a lot of “how to qualify” advice for these companies to be able to receive US government contracts and awards. As described in the outline below, the course will cover basic qualification requirements and how to meet them, and ways non-US companies can qualify despite rules directed at US companies.
This session will provide a basic framework on qualifying for and obtaining USG procurement contracts, particularly for non-US companies. It will also address some flexible ways to do business with the USG including Other Transaction Agreements (OTAs) and Cooperative Research and Development Agreements (CRADAs). The session will cover: 1. Basic requirements and how to meet them from the start (how to qualify), particularly for non-US companies 2. Various sales channels available to non-US space companies 3. Foreign Ownership, Control, or Influence (FOCI) rules and security clearances 4. Supply chain risk management, and cybersecurity 5. The USG innovation ecosystem (DARPA, DIU, AFRL, SDA, In-Q-Tel, and more) 6. Brief overview of the Federal Acquisition Regulation (FAR) and Defense FAR Supplement (DFARS) 7. Types of FAR / DFARS contracts and the differing obligations with each 8. Other types of USG agreements (grants, OTAs, CRADAs)
Steve Kaufman
A corporate partner and satellite practice co-head, Steve Kaufman uses industry knowledge and versatility to negotiate and close many types of deals globally.
For 18 of his 30 years at the firm, Steve served as outside general counsel for satellite clients, leading strategic joint ventures, “bet-the-company” contracts, financings, and M&A.
What Steve does best: understanding complex business issues and translating them into legal documents. If a client can describe something, Steve can draft it. Working from complicated to simple, he has many times reduced a lengthy contract into a few pages of bullet points, showing the client what it needs and how to obtain it. He has even written a business and financing model for parties in the form of an agreement. Many clients comment that the business guidance from Steve is as valuable as the legal advice.
Steve relies on his familiarity with issues common to satellite and communications companies to give him an edge in negotiations. This experience produces extra benefits when Steve deals with specialized satellite contract terms, targeted warranties, creative covenants, use of insurance to close gaps, license and spectrum issues, and even finance and accounting matters. According to Chambers Steve Kaufman is “a real authority and somebody who will always know the answer.”
In advising clients, Steve emphasizes practicality, striving to achieve the client’s business objectives for the transaction, whether economic, risk reduction, regulatory/compliance, or transaction speed. This carries over into deal management as well as negotiations, where he willingly takes the lead. Steve and satellite practice co-head Randy Segal are regulars at the satellite conferences, making connections among clients and even adverse parties. He is listed in Chambers, Super Lawyers, and Legal 500.
Michael Scheimer
Mike Scheimer advises clients on government contracts with a focus on emerging technologies, national security, cybersecurity, and IT procurement – core areas for companies operating in the space and satellite sector. As a former defense contractor with years of hands-on experience with national security programs, Mike leverages his extensive industry and government experience to help clients navigate complex regulatory and contracting issues.
Mike regularly advises companies in the space and satellite industry on obtaining and maintaining facility security clearances and complying with industrial security obligations under the National Industrial Security Program (NISP). He has counseled numerous aerospace and defense (A&D) clients on structuring entities to manage classified work, including negotiating Foreign Ownership, Control, or Influence (FOCI) mitigation agreements, and frequently advises on national security issues in mergers and acquisitions.
He has deep experience advising on government contractor cybersecurity issues, including compliance with FISMA and FedRAMP cloud security requirements, data breach reporting obligations, and system accreditation processes for both classified and unclassified environments.
Before joining Hogan Lovells, Mike gained firsthand experience in the defense sector, holding national security roles at a major defense contractor and within the U.S. Department of Defense (DoD). As a legal analyst in the DoD Office of the General Counsel (International Affairs), he supported international armaments cooperation programs. As a national security policy analyst in the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics, he contributed to major defense acquisition programs involving missile systems, space and cyberspace capabilities, and missile defense. Prior to that, as an Army acquisition policy analyst he supported Unmanned Aircraft Systems (UAS) and counter-IED initiatives in the Office of the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.
Mike serves on the global Steering Committee of Hogan Lovells’ Geopolitical Risk and National Security practice, a cross-disciplinary team advising global companies on the strategic implications of shifting geopolitical landscapes and the growing use of national security measures by governments. He is also the co-host of the Hogan Lovells National Security Podcast