Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more
Federal contracts famously include a clause permitting the government to terminate the agreement for the government's own "convenience"—even if the contractor did not default on its performance obligations. Aware of this...more
A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
6/6/2024
/ Breach of Contract ,
Construction Industry ,
Contract Terms ,
Cybersecurity ,
Damages ,
DFARS ,
Equitable Relief ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hackers ,
Prime Contractor ,
Security and Privacy Controls ,
Subcontractors ,
Summary Judgment ,
Supply Chain
When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more
2/28/2024
/ Breach of Contract ,
Construction Contracts ,
Contract Drafting ,
Contract Terms ,
Counterclaims ,
Damage Caps ,
Federal Contractors ,
Fluor ,
Liability ,
Prime Contractor ,
Quantum Meruit ,
Subcontractors
On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more
2/1/2024
/ Anti-Retaliation Provisions ,
Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Solicitation ,
Hiring & Firing ,
Job Ads ,
Pay Equity Laws ,
Professional Services Contract ,
Proposed Rules ,
Salary/Wage History ,
Service Contract Labor Standards (SCLS) ,
Subcontractors ,
Transparency
The Department of Defense (DoD) delivered its proposed Cybersecurity Maturity Model Certification Program rule (CMMC) the day after Christmas this year, including several related guidance documents (listed here). The proposed...more
1/2/2024
/ Certification Requirements ,
Comment Period ,
Controlled Unclassified Information (CUI) ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Proposed Rules ,
Subcontractors
Government contractors often "flow down" contract clauses from the Federal Acquisition Regulation (FAR) and its supplements to their subcontractors, including clauses related to changes (e.g., FAR 52.243-1) and excusable...more
On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more
6/22/2023
/ Bid Protests ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Procurement Systems ,
Gross Receipts ,
NAICS ,
Office of Hearings and Appeals (OHA) ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Tax Returns
Teaming agreements are a common, beneficial, and sometimes necessary way for industry to come together and meet the federal government’s needs. But the devil is in the details. A recent decision from the U.S. District Court...more
12/2/2022
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FEMA ,
Fraud ,
General Services Administration (GSA) ,
General Solicitation ,
Joint Venture ,
Material Misrepresentation ,
Misrepresentation ,
Partnerships ,
Prime Contractor ,
Subcontractors ,
Teaming Agreements