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Fixed Price

Morrison & Foerster LLP - Government...

Contracting In The Fog Of War: Recovering Costs Related To COVID-19

Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more

Bradley Arant Boult Cummings LLP

NDAA Section 822 – Contractors Should Act Now to Seek Relief

On December 23, 2022, President Joseph R. Biden signed into law the 2023 National Defense Authorization Act (NDAA) as Public Law No. 117-7776, which included Section 822: “Modification of Contracts to Provide Extraordinary...more

Houston Harbaugh, P.C.

What the Hedge? – The Impact of Price Hedging on Landowner Production Royalties

Houston Harbaugh, P.C. on

There is no way to avoid it. It seems like everything costs more now than it did last week, last month and last year. Energy is one area with very sensitive prices. You have likely experienced the significant changes in...more

Wiley Rein LLP

Managing the Effects of Inflation with Existing Fixed-Price Contracts: Extraordinary Circumstances, Extraordinary Relief

Wiley Rein LLP on

Monetary inflation effectively imposes a tax on just about everything we purchase. But for many years, inflation was so muted and gradual that the economy could manage it with minimal disruption or personal hardship....more

Levenfeld Pearlstein, LLC

What to Know about Renegotiating Sales Commission Agreements

If you utilize outside sales representatives to sell your products, you may have a hard time making deals economically feasible in the midst of an economic downturn. When the future is uncertain, you may be wondering how to...more

Blank Rome LLP

DoD Offers Guidance for Contractors on Inflation and Economic Price Adjustment Clauses

Blank Rome LLP on

On May 25, 2022, the Department of Defense (“DoD”) issued a memorandum recognizing that contractors are not immune from the “period of unusually high” inflation. The memorandum, titled “Guidance on Inflation and Economic...more

McCarter & English Blog: Government Contracts...

DoD Braces for Inflation: Guidance for Contractors Battling Rising Costs

Unless you’ve been living under a rock or on a self-sustaining deserted island, the chances are high that you have become quite familiar with the term “inflation” (i.e., the rising costs of goods and services) over the past...more

Fox Rothschild LLP

DOD Addresses Material Escalation Costs and Inflation for Government Contractors

Fox Rothschild LLP on

Inflation and the increased cost of doing business are having a nationwide impact — and there is no exception for Government Contractors. As we recently covered contractors experiencing material cost escalation on...more

Akin Gump Strauss Hauer & Feld LLP

Why Must the Project Company Only Sell Its Power into the Wholesale Market in a VPPA?

A common question for commercial and industrial (C&I) offtakers is why there’s a covenant that the Project Company must sell all of the power it is financially settling with the C&I customer into the wholesale market. A...more

K&L Gates LLP

The Impact of the Law Decree "Decreto Sostegni Bis" (DL n. 73/2021) on Raw Materials Price Contracts and Public Tenders

K&L Gates LLP on

The gradual alleviation of the COVID-19 emergency brought about the gradual resumption of business activities and the recovery of various sectors, which had been inactive for a long period. This has resulted in a boom in...more

Weintraub Tobin

Apple False Advertising Suit for “Buy” Buttons Could Have Serious Implications for Streaming Companies

Weintraub Tobin on

Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content,...more

Morrison & Foerster LLP - Government...

July 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to...more

Adams and Reese LLP

Material Price Escalation Has Become a Source of Substantial Conflict in Construction Contracting

Adams and Reese LLP on

The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more

Morrison & Foerster LLP - Government...

All Is Not Forgiven: PPP Forgiveness And Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It...more

White & Case LLP

EnergyTech: New markets and new business opportunities

White & Case LLP on

The energy market has been dominated by major energy companies for a long time. New market opportunities and digitalization could lead to a higher market penetration of startups. 1. The 100 percent green energy goal - ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental/Remediation and Munitions Response Services: U.S. GAO Addresses Protest of U.S. Corps of Engineers Bid Decision

The United States Government Accountability Office (“GAO”) issued a January 16th decision addressing a protest of a United States Corps of Engineers (“Corps”) rejection of a bid proposal. See Matter of Bristol...more

Holland & Knight LLP

White House Unveils Proposal on Drug Pricing

Holland & Knight LLP on

On Feb. 9, 2018, the Trump Administration released a 30-page report analyzing domestic and global factors influencing drug pricing. The report by the Council of Economic Advisers (CEA) is expected to inform the HHS' Fiscal...more

PilieroMazza PLLC

The Firm Fixed Price Profits Reduction Clause: Government Takes All the Benefits and None of the Risk?

PilieroMazza PLLC on

It has been well understood in the Federal Acquisition Regulation (“FAR”), and in government contracting generally, that different contract types balance the risks and rewards so as to ensure both the government and the...more

Bradley Arant Boult Cummings LLP

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine...more

K&L Gates LLP

No Rule of Reason Here: State AG Reminds Manufacturers That Minimum Retail Price Agreements Are Illegal Per Se in Maryland with...

K&L Gates LLP on

In 2007, the Supreme Court overturned almost a century of precedent by ruling that vertical price restraints were no longer per se violations of the Sherman Antitrust Act (the “Sherman Act”), finding they would now be...more

Foley & Lardner LLP

Telehealth and Consumer Subscription Models

Foley & Lardner LLP on

Telehealth opportunities continue to grow at an exponential rate, aligning with the concurrent growth of retail and consumer-focused medicine. Capturing the retail sentiment, companies are looking to offer subscription-based...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Popularity of Locked-Box Deals in the UK: Price Certainty, Other Benefits for Buyers"

In the U.K. M&A market, the continuing trend in recent years has been an increase in the number of deals being completed on the basis of a locked-box pricing mechanism. In a locked-box transaction, as opposed to the...more

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