Posts in Subcontract
If it Ain’t Broke, Fix it Again: DoD Issues Final Rule Implementing Preexisting Limitation on Federal Contractor Confidentiality Agreements

DoD recently issued a “new” rule to implement a prohibition of confidentiality agreements that would forbid employees or subcontractors to report waste, fraud or abuse. While there’s nothing actually “new,” read on to refresh your understanding of the rule and how you can ensure that your confidentiality agreements won’t run astray.

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Avoiding a Bermuda Triangle: Preservation of Subcontractor Pass-Through Claims

The triangular relationship between the Government, prime contractors, and their subcontractors provides fertile ground for disputes to arise. How parties allocate the risk of losses caused by Government acts can cause a claim to disappear. The recent ASBCA decision in Appeal of JAAAT Technical Services, LLC, ASBCA No. 62373 (Oct. 26, 2020) reminds us how to prevent claims from disappearing in a contractual Bermuda Triangle.

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COVID-19 Compliance: Hurry Up and Slow Down

The blizzard of COVID-19 related contracting activity poses considerable compliance risks. But, federal contractors shouldn’t be discouraged to be a part of our shared national mission to cope with this pandemic—just hurry up and wait long enough to consider how you’re responding under the circumstances. By doing so, hopefully you can avoid the painful question “what were they thinking?”

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