As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more
9/10/2024
/ Acquisitions ,
Assignments ,
Commercial Contracts ,
Competitive Bidding ,
Compliance ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Mergers ,
Novation ,
Public Contracts ,
Successor Interests
In February 2022, President Biden signed Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, which mandated the use of Project Labor Agreements (“PLA”) for federal construction contracts...more
6/26/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Construction Project ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Pending Litigation ,
Project Labor Agreements ,
Public Projects ,
Right to Work
A recent New York federal opinion is a reminder that teaming agreements are governed by state law, and not federal law, despite support for “contractor team arrangements” under FAR Subpart 9.6, and that state law generally...more
For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more
4/3/2024
/ Amended Regulation ,
Back Pay ,
Construction Contracts ,
Construction Industry ,
Construction Site ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Enforcement ,
Federal Contractors ,
Final Rules ,
Fringe Benefits ,
Minimum Wage ,
Multi-Employer Worksites ,
Prevailing Wages ,
Prime Contractor ,
Public Projects ,
Subcontractors ,
Suppliers ,
Wage and Hour ,
Wages
On February 4, 2022, President Biden issued Executive Order 14063 ("EO") requiring the use of project labor agreements for large federal construction projects. The EO requires that a contractor or subcontractor proposing to...more
On December 9, 2021, the Office of Management and Budget issued updated guidance to address the nationwide injunction that currently bars, on a preliminary basis, enforcement of the federal vaccine mandate.
For federal...more
The enforceability of the federal contractor vaccine mandate has not been finally decided. On December 7, 2021, a federal court for the Southern District of Georgia entered an injunction "with nationwide applicability"...more
Despite a recent court ruling covering three states, most federal government contractors still must comply with the COVID-19 vaccine mandate ("Contractor Vaccine Mandate") included in President Biden’s Executive Order 14042,...more
12/6/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Health Care Providers ,
Healthcare Facilities ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Social Distancing ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 22, 2021, the U.S. Department of Labor ("DOL")’s Wage and Hour Division published its final rule implementing Executive Order 14026, "Increasing the Minimum Wage for Federal Contractors." The final rule adopts the...more
Federal Minimum Wage Increases to $15 on January 30, 2022 -
Federal prime contractors and subcontractors should prepare to pay a higher mandatory minimum wage starting January 30, 2022....more
8/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Executive Orders ,
Federal Contractors ,
Mandatory Requirements ,
Minimum Wage ,
New Regulations ,
Proposed Rules ,
Service Contract Act ,
Tip Credit ,
Tipped Employees ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The coronavirus (COVID-19) epidemic has caused hardship to many employers and employees and is likely to continue to do so in the near future. In response, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES...more
The coronavirus (COVID-19) epidemic has not - at this time - resulted in a federal government shutdown. To the contrary, on March 22, 2020, the Department of Defense's (DoD) acquisition arm has urged industry firms to...more
Expansion of Telehealth Options -
As part of the federal government’s response to the coronavirus (COVID-19) pandemic, agencies have rushed to relax restrictions on the provision of telehealth in order to facilitate the...more
3/27/2020
/ Coronavirus/COVID-19 ,
Electronic Medical Records ,
Emergency Management Plans ,
First Responders ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Security Rule ,
OCR ,
Public Health Emergency ,
State of Emergency ,
Telehealth ,
Telemedicine
On December 12, 2017, President Trump signed the National Defense Authorization Act for Fiscal Year 2018 (the “NDAA FY18”). The NDAA FY18 authorizes and prioritizes funding for the Department of Defense (“DoD”) and prescribes...more
On June 16, 2016, the United States Supreme Court ruled that the Department of Veterans Affairs (VA) must apply the “Rule of Two” in all contracting decisions in Kingdomware Technologies, Inc. v. United States, 136 S.Ct. 1969...more
Teammates pursuing federal contracts should draft their teaming agreements with care to avoid unintended consequences.
The Pitfalls of Non-Specific Teaming Agreements -
Among other issues, teammates cannot...more
7/14/2016
/ Confidential Information ,
Contract Drafting ,
Enforceability ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Non-Disclosure Agreement ,
Preliminary Injunctions ,
Prime Contractor ,
Subcontractors ,
Teaming Agreements ,
Trade Secrets
In a prior Alert, we provided a high-level overview of the Anti-Assignment Act, which requires federal pre-approval for the sale of federal government contracts, often through a “novation agreement” signed by the seller,...more
9/1/2015
/ Acquisitions ,
Assignments ,
Due Diligence ,
Federal Contractors ,
HUBZone ,
Letters of Intent ,
Mergers ,
Novation ,
Public Contracts ,
SBA ,
Small Business ,
Veterans ,
Women-Owned Businesses
Until there’s a binding contract, are you free to walk away from negotiations without penalty? Not necessarily. The North Carolina Business Court recently held that in certain circumstances parties have a duty to negotiate in...more
2014 set a record for data incidents, with nearly 30% of the 783 data incidents reported by companies caused by hacking. At least 97 incidents are reported to have occurred from hacking during 2015, affecting approximately 7...more
7/30/2015
/ Case Consolidation ,
Class Action ,
Commonality ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Neiman Marcus ,
Popular ,
Predominance Requirement ,
Retailers ,
Standing
In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target...more
As implied by the name, the commercial general liability (CGL) insurance policy provides businesses with coverage for a wide array of claims by third parties, including claims for damage to “tangible property” and claims...more
“Given the significant cyber-attacks that are occurring with disturbing frequency, and the mounting evidence that companies of all shapes and sizes are increasingly under a constant threat of potentially disastrous...more
On February 12, 2013, President Barack Obama issued Executive Order 13636 (EO 13636) entitled “Improving Critical Infrastructure Cybersecurity.”EO 13636 noted the importance of cybersecurity for the nation’s security and...more
As he suggested during his 2014 State of the Union address, President Obama intends to “lead by example” to increase the minimum wage by urging businesses to raise employee wages and by increasing minimum wages payable to...more
Teammates who pursue a federal contract should agree up front and in detail regarding their respective obligations if the contract is awarded. Only agreeing to negotiate specific terms after an agency award is unlikely to...more