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Transferring Federal Government “Other Transaction” Agreements

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

Project Labor Agreements - What Was Optional is Now Mandatory

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

NY Court Allows Teaming Agreement Claim to Proceed Under State Law

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

Major Changes Now in Effect to Davis-Bacon and Related Acts

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

Labor or Bust? President Biden Orders Project Labor Agreements for Large Federal Construction Projects

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

OMB Pauses Enforcement of Federal Contractor Vaccine Mandate In Light of Court Injunctions

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

Nationwide Preliminary Injunction Bars Enforcement of Vaccine Mandate for Federal Government Contractors - Update

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

Most Federal Government Contractors Still Must Comply with President Biden’s Federal Vaccine Mandate

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

Minimum Wage To Be $15/Hour for Federal Contractors Beginning January 30, 2022

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 Contractors Face Imminent Minimum Wage Increase to $15 an Hour and Mandatory COVID-19 Safety Protocols

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

Federal Contractors May Seek Reimbursement for Paid Leave Under Section 3610 of the CARES Act

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

Federal Government Contractors Must Evaluate Their Contractual Rights Related to COVID-19 Impacts

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

Telehealth Availability and Access to Health Records Increase in Light of the COVID-19 Emergency

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

The National Defense Authorization Act Makes Significant Changes Relevant to SBIR and STTR Program Participants

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

Supreme Court Requires Many More VOSB Set-Asides

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

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

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

Federal Small Business Set-Aside Contracts When Selling or Buying a Business

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

North Carolina Business Court Recognizes Duty to Negotiate Contracts in "Good Faith"

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

Purchasing Credit Monitoring May Not Protect Companies from Data Breach Class Actions

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

The Federal False Claims Act...Liability Even When There Is No Government Reliance

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

Does your CGL Policy Include Cybersecurity Coverage?

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

SEC Commissioner Gives Corporate Boards a Cybersecurity Wake-up Call

“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

7/23/2014  /  Corporate Counsel , Popular

Will the Cybersecurity Framework Create a New Standard Operating Procedure for Businesses?

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

Executive Order Raises Minimum Wage for Federal Contractors

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

Is Your Teaming Agreement Enforceable?

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

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