News & Analysis as of

Subcontracts

April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

by Bass, Berry & Sims PLC on

Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification...more

Government Contracts Legislative and Regulatory Update - January 2017

by Dentons on

Our January edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of December....more

NSW Court of Appeal – Security of Payment Act did not permit review of an adjudicator’s determination other than for...

by Dentons on

Landmark NSW Court of Appeal Decision - The Supreme Court at first instance had determined that an adjudication determination could be remitted to the adjudicator for re-determination for non-jurisdictional error....more

Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements

by Reed Smith on

The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of...more

Judge Temporarily Blocks “Blacklisting” Rules

by Cozen O'Connor on

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including...more

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction...

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more

New Rule Finalizes Small-Business Subcontracting Changes

by Morgan Lewis on

Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016. On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more

Can You Change the Scope of Work? Not in a bidding situation! (reader comment)

by Melissa Dewey Brumback on

Setting the Right Expectations for Owner Clients is a must, as I recently wrote in my post discussing Scope of Work clauses. According to construction consultant Tony Frisby,* scope of work issues are more important than...more

Romanian Legal Update: New package of laws on public procurement and concessions

by Dentons on

Law 98/2016 regarding public procurement - Law 98/2006 is the core law of the new package of four laws regarding the public procurement framework in Romania and transposing EU Directive 2014/24/EU. It sets out the main...more

Set-Aside Alert - The DOJ's Enforcement of Small Business Regulations

by PilieroMazza PLLC on

With the Small Business Administration's new limitations on subcontracting rules going into effect on June 30.... Originally published in the Set-Aside Alert on June 10, 2016. Please see full Alert below for more...more

The New Italian Public Procurement Code

by Latham & Watkins LLP on

The Italian Council of Ministers approved a new Legislative Decree reforming the Italian Public Procurement regulation, implementing Directives 2014/23/EU, 2014/24/EU and 2014/24/EU. On April 18, 2016, the Italian...more

Final Government Contractor Basic Data Security Rule Issued

by WilmerHale on

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

Report from the National 8(a) Association 2016 Winter Conference in Orlando

by Holland & Knight LLP on

The National 8(a) Association 2016 Winter Conference, held in Orlando on Feb. 9-10, provided several useful updates on Small Business Administration (SBA) matters affecting Indian tribes, Alaska Native Corporations (ANCs),...more

Did You Hear the One About the “Joint Employer”?

by Shipman & Goodwin LLP on

It’s hard getting excited about joint employment. In fact, it’s pretty yawn-inducing. (Seriously, get a cup of coffee before reading this.) But a few weeks back, the Department of Labor issued some new guidance on...more

Transposition of the Concession Directive in France

by White & Case LLP on

France transposed the European directive 2014/23/EU of the European Parliament and of the Council dated 26 February 2014 on the award of concession contracts (the “Concession Directive”) through the “ordonnance n° 2016-65”...more

Federal Court in Pennsylvania Holds That Contractor’s Nominal Underpayment of Progress Payments Does Not Relieve Subcontractor’s...

by Pepper Hamilton LLP on

Butch-Kavitz, Inc. v. Mar-Paul Co., Inc., 2015 U.S. Dist. LEXIS 160652 (M.D. Pa. Dec. 1, 2015) - The United States Army Corps of Engineers (the “Owner”) entered into a contract (the “Contract”) with Mar-Paul Company,...more

Department of Defense Provides Government Contractors a Grace Period for Compliance with Key Cybersecurity Requirements

In response to industry concerns and comments, on December 30, 2015, the Department of Defense issued a new interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity rules promulgated...more

Using sub-contractors for public contracts? – New guidance published

by Bryan Cave on

On 9 December 2015, the Crown Commercial Service published important statutory guidance on the new subcontracting provisions under the Public Contracts Regulations 2015 (‘the PCRs’). The guidance is important as the...more

Small Business Subcontracting Plans: End of Year Roundup

by PilieroMazza PLLC on

If you have been following the latest news on subcontracting plan requirements, you will know that the landscape has been rapidly shifting over the past year. In response to various statutory mandates from Congress, both SBA...more

Under Construction - December 2015

by Snell & Wilmer on

Letter from the Editor - Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner! Drones are a hot topic right now. The first article in...more

New York's Appellate Division Reverses Collateral Estoppel Ruling Against Payment Bond Sureties in Suit to Enforce Arbitration...

A recent decision by the First Department of the Supreme Court, Appellate Division, addresses the preclusive effect of arbitration awards in subsequent judgment enforcement suits against payment bond sureties. In Five Star...more

NC Business Court On Arbitrability: Clear And Unmistakable

by Brooks Pierce on

You may have pondered over the question whether a Judge or an Arbitrator decides if a particular dispute is subject to an agreement to arbitrate. If you have wondered who makes that sort of decision, it's actually not an...more

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

by McDermott Will & Emery on

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

Joint-Employer Status: New NLRB Standards Reset the Stage and Redefine the Players

by Epstein Becker & Green on

For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more

Weekly Update Newsletter - September 2015

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - President Obama Signs Executive Order Establishing Paid Sick Leave for Federal Contractors - President Obama signed an Executive Order on Monday September 7, 2015, requiring federal...more

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Cybersecurity

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