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
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
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
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
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
When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation. ...more
Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013....more