News & Analysis as of

Federal Acquisition Regulations (FAR) Subcontracts

Bradley Arant Boult Cummings LLP

Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals

When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether...more

Blank Rome LLP

Five Practical Tips for Government Contractors Navigating the Executive Order Chaos

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Federal government contractors are living in a climate of uncertainty. Executive orders affecting government contracts are being issued at a rapid pace. The executive orders tend to be broad and high-level with regulatory...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Registration, Substantiation, Experience

To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an...more

Husch Blackwell LLP

The Proposed Rule to Amend FAR Guidance on Safeguarding CUI – Care to Comment?

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The FAR Council issued a proposed rule that would amend the several FAR provisions and add new clauses to provide guidance on the safe handling of CUI. Public comments on the proposed rule are being accepted until March 17,...more

Seyfarth Shaw LLP

Six Essential Tips for Identifying and Avoiding Conflicts of Interest in Government Contracting

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six critical tips to help government contractors identify and avoid conflicts of interest. For contractors...more

Schwabe, Williamson & Wyatt PC

Potential Impacts of Trump’s DEI Executive Order on SBAs, Alaska Native Corporations, ‎and Tribes

On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences,...more

Morrison & Foerster LLP - Government...

Proposed Regulation on Controlled Unclassified Information Standardizes Process for CUI Identification and Handling Across Federal...

The Federal Acquisition Regulation (FAR) Council issued its long awaited proposed rule on Controlled Unclassified Information (CUI) on January 15, 2025. The proposed rule establishes a common form to be used by all federal...more

Venable LLP

"The Government's Just Not That into You" - Can a Prime Contractor Terminate Its Subcontractor Just Because Someone in the...

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Federal contracts famously include a clause permitting the government to terminate the agreement for the government's own "convenience"—even if the contractor did not default on its performance obligations. Aware of this...more

Sheppard Mullin Richter & Hampton LLP

New Year, (Potentially) New Definition for “Subcontract”

In addition to prohibiting the flow-down of non-mandatory FAR/DFARS clauses (which we talk about here), the Department of Defense (“DOD”) Final Rule in connection with the Defense Federal Acquisition Regulation Supplement...more

Holland & Knight LLP

Podcast - Navigating the TikTok Ban: Implications for Government Contractors

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In this episode of "Regulatory Phishing," government contracts and cybersecurity attorney Eric Crusius is joined by Jeremy Burkhart, an associate in Holland & Knight's Government Contracts Group. Mr. Crusius and Mr. Burkhart...more

Akin Gump Strauss Hauer & Feld LLP

‘No TikTok on Government Devices Act’—Implementation for Federal Contractors and Subcontractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement the No TikTok on Government...more

Bradley Arant Boult Cummings LLP

So Now There’s a TikTok Ban for Government Contractors

On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more

Maynard Nexsen

FAR Council Publishes Rule to Ban TikTok Applications in Government Contracting

Maynard Nexsen on

Last Friday, the Federal Acquisition Regulatory Council published an interim final rule ("IFR") to ban the use of a ByteDance Covered Application (i.e., TikTok) in government contracting. The IFR is effective June 2, 2023....more

Bradley Arant Boult Cummings LLP

Don’t Overlook Your Subcontracts on Federal Projects

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

Holland & Hart LLP

FAR Council Finalizes Small Business Subcontracting Rules

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The FAR Council recently published a series of final rules amending several FAR provisions relating to limitations on subcontracting. These amendments “advance the interests of small business prime contractors by making it...more

Troutman Pepper Locke

Ninth Circuit Finds Arbitration Award Is ‘Irrational’ Because It Disregards the Contract’s Plain Text Simply to Reach a Just...

Troutman Pepper Locke on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LLC, No. 17-16510, 2019 BL 26363 (9th Cir. Jan. 28, 2019) - Aspic Engineering and Construction Company (“Aspic”), a local Afghan subcontractor, entered into multiple...more

Williams Mullen

The Benefits of Commercial Item Contracting

Williams Mullen on

Commercial Item Contracting is intended to benefit both the government and contractors, but those benefits can sometimes get lost in the shuffle. Reminding the parties why Commercial Item Contracting was implemented can help...more

Troutman Pepper Locke

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

Troutman Pepper Locke on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

Morgan Lewis

New Rule Finalizes Small-Business Subcontracting Changes

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Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016. On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more

WilmerHale

Final Government Contractor Basic Data Security Rule Issued

WilmerHale on

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

PilieroMazza PLLC

Small Business Subcontracting Plans: End of Year Roundup

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If you have been following the latest news on subcontracting plan requirements, you will know that the landscape has been rapidly shifting over the past year. In response to various statutory mandates from Congress, both SBA...more

Foley & Lardner LLP

Are You a Government Subcontractor?

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Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

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