Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)
DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
Excitement, Turbulence & Confusion: The Top 10 Employment Law Issues That Affected Federal Contractors in 2023
Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Intellectual Property In Department of Defense Contracting
Podcast - Navigating the TikTok Ban: Implications for Government Contractors
[Podcast] TikTok off the Clock: Navigating the TikTok Ban on Devices for Government Contractors
This small law firm has a BIG niche blog that brings in the clients - Legally Contented podcast
Clocking in with PilieroMazza: #LNE4GovCons: FAR Clause Bans TikTok on Federal Contractor Devices
DE Under 3: President Biden Issued "Modernizing Regulatory Review" Executive Order
Overcoming the Inflation Crisis: The Ins and Outs of Inflation Relief for DOD Contractors
Additional Compensation from the Government: A Brief Comparison of REAs and Claims
Podcast Series: Commercial Businesses New to Government Contracting: Labor and Employment Issues Unique to Government Contractors
Buy American: What Government Contractors Need to Know
Bid Protest: LPTAs - Are They Still Okay? - Webinar
The intersection of the Davis-Bacon Act (DBA) and General Services Administration (GSA) leasing has undergone significant changes over the past year, raising important issues for lessors, legal practitioners and government...more
On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more
When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more
With DEI a high priority in today’s work environment, many companies are establishing employee resource groups (“ERGs”) to bring people together in celebration and support of both their commonalities and their differences....more
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
New year, new DE Under 3! In this episode, our experts discuss the Federal Acquisition Regulatory (FAR) Council's new Final Rule mandating that federal construction contractors of a certain size negotiate a union agreement,...more
In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more
The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for...more
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more
On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal...more
In a one sentence “correction” published February 5, 2021, the Federal Acquisition Regulatory (FAR) Council changed by two days the effective date for last month’s final rule – Federal Acquisition Regulation: Maximizing Use...more
The Buy American Act includes a preference for “domestic end products” and “domestic construction materials” on federal projects absent a waiver. Prior to recent revisions, domestic end products and domestic construction...more
As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction...more
As most government contractors are aware, progress payments are a form of contract financing in which the Government pays the contractor based on cost throughout performance of the contract, up to a cap dictated by the terms...more
As novel coronavirus has spread from China to Europe, the United States and around the globe, it has begun to have a debilitating impact on world markets, manufacturing, distribution, supply chains, and the workforce in...more
On Wednesday, December 18, 2019, Obermayer Chair of the Government Contracting Department, Maria Panichelli, will be presenting a webinar titled, “Key Construction Clauses and Considerations in Federal Construction...more
It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more
On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for...more
In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more
GOVERNMENT CONTRACTS LAW - This Project Is Behind Schedule - What Is a Contractor to Do? - Construction projects rarely, if ever, go precisely as planned. One of the most common issues government contractors face is...more
In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic...more
Over the past several months, this blog has analyzed several key provisions of the Fiscal Year 2019 National Defense Authorization Act (NDAA) that impact government contractors. This post briefly summarizes a variety of other...more
For federal construction contractors, payment and performance bond obligations in construction contracts with the federal government that exceed $150,000 should, typically, come as no surprise. However, what requirements...more
More than five years after Congress directed the Executive Branch to change the way small business contract performance requirements are calculated, the U.S. Department of Defense (DoD) and the Federal Acquisition Regulation...more
On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more