News & Insights

M&A Considerations In Government Contracts

Considerations For When A Government Contractor Is An Acquisition Target Acquisition of any company requires significant and comprehensive due diligence reviews. This process is even more lengthy and burdensome if the target company holds government contracts. Below is an overview of some of the unique considerations in due diligence reviews when the company being acquired is [..]

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WM’s Litigation Practice Vacates Arbitration Award

Weitz Morgan Succeeds in Vacating Arbitration Award Weitz Morgan is pleased to announce that its litigation practice recently obtained a favorable ruling to vacate an arbitration award. The case involved a dispute over a commercial contract and whether the liquidated damages were a penalty. Attorney Mark A. Weitz, a 30+ year litigator and head of the firm’s trial practice, [..]

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Terminations For Default

An Overview of Terminations For Default The government has broad termination rights in public procurements. It can terminate a contract for convenience or for default. Terminations for convenience occur when the government determines it no longer needs the benefit of the contract. Here, the government must compensate the contractor for costs resulting from the termination. [..]

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Claims Against Contractors By The Government

An Overview of Government Claims In public procurements contractors and the government can assert claims against one another to recover costs incurred as a result of nonperformance or other malfeasance. A claim is a demand or assertion by either the government or the contractor seeking as a matter of right the payment of money, the adjustment or interpretation of contract terms, or other relief [..]

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GSA’s Transactional Data Rule

Transactional Data Reporting Pilot Program Last summer, The General Services Administration (GSA) issued a final rule implementing its transactional data requirement for Federal Supply Schedules (FSS) contracts or Multiple Award Schedule (MAS) contracts, and Governmentwide Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts, including Governmentwide Acquisition Contracts (GWACs). The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the [..]

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Regulatory Updates – Fair Pay And Small Business Issues

Federal Acquisition Regulation Fair Pay & Safe Workplaces Recently, in response to the nationwide injunction preventing enactment of certain FAR provisions implementing the Fair Pay and Safe Workplaces Executive Order, in particular the requirement that certain contractors disclose violations of labor laws that contracting officers may consider in making an award, the FAR council has placed [..]

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New Privacy Training Rules For Contractors

Privacy Training Required For Contractors Who Have Access To Personally Identifiable Information A final rule was recently implemented amending the Federal Acquisition Regulation (FAR) to require contractors whose employees have access to a system of records or handle personally identifiable information (PII) complete privacy training. The Rule The rule ensures that contractors identify employees who handle PII, [..]

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Counterfeit Parts Requirements in Defense Contracts

Counterfeit Parts In The Defense Supply Chain For some time DOD has been addressing the proliferation of counterfeit parts worldwide and their infiltration into the defense supply chain. With the continued increase in counterfeiting, DOD has developed rules to ensure procurement integrity and the safety of our war fighters while at the same time attempting to consider industry concerns over [..]

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Overview of Section 503 of the Rehabilitation Act of 1973

The Basics of Section 503 of the Rehabilitation Act of 1973 For Government Contractors Of the many regulatory requirements facing government contractors is Section 503 of the Rehabilitation Act of 1973 (the Act), which prohibits discrimination against those with disabilities and requires government contractors and subcontractors to employ and advance qualified disabled persons. 41 CFR Part 60-741. [..]

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