News & Analysis as of

Prime Contractor Subcontractors

Parker Poe Adams & Bernstein LLP

Small Business Administration Fraud Audit Affects Prime Contractors and Subcontractors of 8(a) Program

Small Business Administration head Kelly Loeffler has announced a “full-scale” audit of its 8(a) program for socially and economically disadvantaged small business owners, directing the agency’s Office of Government...more

B2Gnow

The Compliance Advantage: Unlocking Success in Airport Infrastructure

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The horizon for airport development is brighter than ever, fueled by substantial investments from the federal, state, and local governments. From ambitious terminal upgrades to crucial runway extensions and improved ground...more

B2Gnow

10 Prevailing Wage Pitfalls Prime Contractors Can’t Ignore (And How to Stay Ahead)

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Complying with prevailing wage laws is essential for prime contractors working on public projects. This ensures the smooth execution of projects and protects your company’s reputation and financial stability....more

Bradley Arant Boult Cummings LLP

The Government Contractor’s Guide to Termination for Convenience

The Trump administration, as part of its efforts to reshape the federal government, began terminating federal contracts for the convenience of the government almost immediately after coming back to town. These contract...more

Venable LLP

A Subcontractor's Employee Says the Government Customer Engaged in Harassment and Retaliation. Why Did the Prime Contractor Get...

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Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...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

Miles & Stockbridge P.C.

DoD Issues Final Rule for CMMC Program, Finally Setting the Stage for Full Implementation

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The Department of Defense (DoD) published a Final Rule earlier this month formally implementing the Cybersecurity Maturity Model Certification (CMMC) Program. This Final Rule is the culmination of five years of work to...more

PilieroMazza PLLC

What DOD’s Proposed Changes to its Prototype OT (Other Transaction) Agreements Regulations Mean for Defense Contractors

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On September 4, 2024, the Department of Defense (DOD) issued a proposed rule to update regulations related to other transaction (OT) agreements[1] to implement congressional changes in the statutory authority for prototype...more

Paul Hastings LLP

U.S. Department of Defense Set to Implement Its Cybersecurity Maturity Model Certification Program With Publication of New Rule

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On October 15, 2024, the Department of Defense (“DoD”) published the final version of its rule implementing the Cybersecurity Maturity Model Certification (“CMMC”) Program under Title 32 of the Code of Federal Regulations...more

BakerHostetler

CMMC Barrels Closer to Implementation with Latest Proposed Rule Establishing DFARS Contract Clauses

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Cybersecurity Maturity Model Certification (CMMC) is coming — and now appears to be coming faster than many defense contractors believed. In the latest signal of CMMC’s forward momentum, the Department of Defense (DoD) issued...more

Holland & Knight LLP

The Pentagon's CMMC Program Takes a Big Step Forward

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The U.S. Department of Defense (DOD) issued the proposed Defense Federal Acquisition Regulation Supplement (DFARS) rules that will implement the Cybersecurity Maturity Model Certification (CMMC) program. These rules, which...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

Cozen O'Connor

Federal Judge Blocks Portions of Department of Labor Rulemaking on Davis-Bacon Act

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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

Pillsbury Winthrop Shaw Pittman LLP

In a Landmark Decision, Federal Circuit Expands Protest Jurisdiction at COFC

The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more

Holland & Knight LLP

SBA Announces Final Rule Eliminating Self-Certification for SDVOSBs

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The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts...more

Fenwick & West LLP

A Reminder for Defense Innovators: Comply with Supply Chain Requirements in DoD Prime and Subcontracts

Fenwick & West LLP on

U.S. Attorney Nikolas P. Kerest recently highlighted the severity of fraud by government contractors and subcontractors, emphasizing the importance of upholding the integrity of government procurement programs. These remarks...more

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

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WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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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

PilieroMazza PLLC

[Webinar] Common Scenarios Triggering False Claims Act Violations, Part 2: Construction and Workforce Issues - June 27th, 2:00 pm...

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In the second installment of our three-part webinar series, join PilieroMazza’s Matt Feinberg, Jessica duHoffmann, and Sarah Nash as they explore common FCA triggers often encountered by federal construction contractors and...more

PilieroMazza PLLC

Question the Questions and the Answers: Bid Protest Decision Highlights Need to Clarify Ambiguities Prior to Bidding

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Many solicitations for government contracts provide prospective contractors with the opportunity to ask questions. In some instances, the government’s answers to those questions create additional questions. When that’s the...more

DCI Consulting

OFCCP Announces 16 Additional Megaprojects

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been heavily focused on construction projects since 2020. On Thursday, April 25th, OFCCP designated 16 federally funded construction...more

PilieroMazza PLLC

[Webinar] Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise (DBE) Program Effective May 9, 2024 - May 8th,...

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The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the...more

PilieroMazza PLLC

Terms and Conditions vs. Contract Clauses: Which Language Applies to Government Contract Disputes?

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Determining which language applies to a contract dispute is critical to any contractor seeking to recover costs through the claims and appeals process. Recently, through a series of appeals before the Civilian Board of...more

American Conference Institute (ACI)

[Event] 15th Advanced Forum on DCAA & DCMA Cost, Pricing, Compliance & Audits - June 25th - 26th, Arlington, VA

For 15 years, ACI’s Forum on DCAA & DCMA Cost, Pricing, Compliance & Audits provides government contractors with the opportunity to deeply discuss the most critical compliance issues, hear from senior government officials,...more

Smith Anderson

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

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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

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