Jackson Kelly PLLC

Government Contracts Monitor

Subcontracting

Teaming Agreements: Enforceable Contracts or Unenforceable Agreements to Agree?

Teaming Agreements are an everyday occurrence in federal government contracting. Contractors typically enter into teaming agreements to formalize their relationship while pursuing a federal contract.  If a federal contract is awarded to the lead contractor, the normal expectation is that the parties will then perform the work according to mutually acceptable terms.  The big question…

Congress Changes the Method for Calculating Small Business Subcontracting Limits

In the National Defense Authorization Act for Fiscal Year 2013 (“NDAA FY13”), Congress amended the Small Business Act and fundamentally changed the method for calculating subcontracting limits on small business set-aside contracts.  Previously, the SBA regulations (13 C.F.R. § 125.6) and implementing FAR clause 52.219-14 focused on the cost of performance.  However, the NDAA FY13…

Effective Immediately: Prime Contractors Must Accelerate Payments to Small Business Subcontractors

A new FAR clause at 52.232-99 requires prime contractors, upon receipt of accelerated payments from the Government, to pay small business subcontractors on an accelerated timetable to the maximum extent practicable.  This clause is effective immediately, and Contracting Officers are instructed to insert this clause in all new solicitations and resultant contracts and, to the extent feasible,…

Employee or Independent Contractor? Getting Worker Classification Right” presentation at ASA Business Forum and Convention

Michael Schrier will be a presenter at the upcoming American Subcontractors Association (ASA) Business Forum and Convention 2012 on March 1-3, 2012 in San Antonio, Texas.  Mr. Schrier’s presentation titled, “Employee or Independent Contractor? Getting Worker Classification Right” will discuss how the IRS and states enforce classification rules and available resources to help you…

Government Contractors Face Challenges in Establishing Contract Claims Against Higher Tier Contractors

Lower-tier subcontractors performing work on government contracts sometimes stand in a difficult position: exposed to the same government compliance requirements as prime contractors, but lacking the direct contractual relationships necessary to obtaining legal recourse in the event that something goes wrong.

The case of CLP Resources, Inc., v. Kentucky Bluegrass Contracting, LLC[1]…

 

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