News & Analysis as of

Contract Drafting Federal Contractors

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more

Venable LLP

Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value...

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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

Smith Anderson

NY Court Allows Teaming Agreement Claim to Proceed Under State Law

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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

Venable LLP

Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

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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

PilieroMazza PLLC

Roadmap to Joint Venture Agreements: Legal and Accounting Considerations

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Joint ventures (JVs) can be a powerful tool to improve a government contractor’s odds of winning federal contracts. With the SBA’s Mentor Protégé Program facilitating JVs and large multiple award contracts making many firms...more

PilieroMazza PLLC

[Webinar] Roadmap to Joint Venture Agreements: Legal and Accounting Considerations - April 6th, 2:00 pm - 3:00 pm ET

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Joint ventures (JVs) can be a powerful tool to improve a government contractor’s odds of winning federal contracts. With the SBA’s Mentor Protégé Program facilitating JVs and large multiple award contracts making many firms...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

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Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former...more

Shutts & Bowen LLP

Sounds Reasonable to Me: DOAH Holds Agencies May Take Voluntary Corrective Action in Response to Untimely Bid Protests

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The Florida Division of Administrative Hearings (DOAH) recently issued a bid protest decision on an important procedural issue. In Cross Constr. Servs., Inc. v. Dep’t of Transp., No. 20-4214BID, 2020 WL 7425244 (Fla. Div....more

Stinson - Government Contracting Matters

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government...more

Hogan Lovells

Client Alert: Virginia Court Invalidates Government Contractor’s Non-Competition and Non-Solicitation Agreement with Independent...

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In January 2020, Judge John Tran of the Fairfax County Circuit Court in Virginia held unenforceable non-competition and non-solicitation provisions in a government contractor’s consulting agreements entered into with...more

Troutman Pepper Locke

What Constitutes an Emergency in Public Contracts?

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In recent years, California has experienced the worst wildfires in its history, devastating the state and setting record-breaking highs. In just 2018 alone, the wildfires across California took 106 lives and burned more than...more

Sheppard Mullin Richter & Hampton LLP

The Government’s Playbook – Your Guide to Uncle Sam’s Negotiating Techniques

If you follow professional football, you are familiar with the message generally given to an aspiring player just before he is cut – “Coach wants to see you. Bring your playbook.” The playbook, that step-by-step guide to...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Critical Considerations When Drafting and Negotiating Federal Government Subcontracts - July 17th, 1:00pm ET

Join Cohen Seglias Federal Contracting attorneys Maria Panichelli and Micahel Richard for their Lawline Continuing Legal Education (CLE) webinar, "Critical Considerations When Drafting and Negotiating Federal Government...more

PilieroMazza PLLC

Make Releases Work for You

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Releases have proven to be the double-edged sword of government contracting. In some cases, a release can prevent a contractor from successfully submitting a request for equitable adjustment (“REA”) or a claim to the...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Teaming for Success: Teaming, Joint Ventures, and Mentor Protégé Relationships on Federal Contracts - May 10th, 1:00pm...

In the last few years, the FedCon community has been abuzz with excitement over teaming, joint venturing, and mentor-protégé arrangements. However, the concepts and requirements relating to teams and joint ventures are often...more

Davis Wright Tremaine LLP

General Release Cuts Off Subcontractor Pass-Through Claim

Last month, the Court of Federal Claims issued a decision reaffirming the importance of considering carefully subcontract release and waiver language in Government procurement. MW Builders, Inc. v. United States involved a...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] GovBizConnect Webinar Series: Teaming for Today Part lll - Sealing the Deal: How to Draft Enforceable and Compliant...

Now that you know what type of partnership is right for you, what comes next? While many contractors know about teaming and joint ventures, not as many fully understand the necessary requirements to draft enforceable and...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] GovBizConnect Webinar Series: Teaming for Today Part ll - What’s Your Type? How to Know Whether Teaming, JVs, or a...

What’s Your Type? How to Know Whether Teaming, JVs, or a Mentor Protégé Relationship is Right for YOU - There are a number of different ways to form small business partnerships. Many contractors confuse teaming, joint...more

Holland & Knight LLP

2018 NDAA Analysis: New Mandate to Use Private Accounting Firms to Audit Incurred Cost Submissions

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This is the fourth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Bradley Arant Boult Cummings LLP

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

Holland & Knight LLP

Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

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A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR...more

Smith Anderson

Sons of Cyberlock: Recent Decisions Underscore Challenges in Drafting Enforceable Federal Contracting Teaming Agreements

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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

PilieroMazza PLLC

Do's and Dont's for Teaming Agreements & Subcontracts for 8(a) Contracts

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Overview - - Teaming Agreements & Subcontracts - What are they? - What provisions should you include? - What are the key considerations for primes? - What are the key considerations for...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Third Quarter 2015

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NOW’S THE TIME FOR SBA TO EXPAND WOSB-ELIGIBLE INDUSTRIES - On May 1, 2015, the U.S. Small Business Administration issued a proposed rule to amend its regulations to implement Section 825 of the National Defense...more

PilieroMazza PLLC

Protecting Your Prime and Subcontract or Strategic Relationship

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In this presentation: - Negotiating A Definitive Work Share Clause - In Teaming Agreements - In Subcontracts - Clauses Requiring Escrow Accounts To Ensure Prompt Payments - Terminations ...more

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