Dan Kracov Discusses Pharma’s BIOSECURE Act Compliance Timeline for Lexology Pro

Dan Kracov, chair of Arnold & Porter's Global Life Sciences Industry group, was quoted in the recent Lexology Pro article, "The BIOSECURE Act Has a Long Runway, but Pharma GCs Don't," which examined the BIOSECURE Act's phased restrictions on procuring biotechnology equipment and services from Chinese suppliers, and the steps pharmaceutical general counsel should take before the rules are finalized.

Although the law's Federal Acquisition Regulation (FAR) revision isn't expected until around 2028, Dan said companies shouldn't wait for it to start preparing. "The FAR revision should be treated as a decision point for implementation, and not the point at which to start preparing for the applicability of the Act," he said.

Dan also noted that while the Act's five-year transition period allows some existing contracts with designated suppliers to continue, companies should contract for anticipated work and negotiate relevant options before the effective date, since adding new activities later may not be permitted.

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