Prime Pulls Rug Out From Under Subcontractor Appeal
Client Alert | 1 min read | 09.08.14
The ASBCA's dismissal of an appeal in Binghamton Simulator Co. provides a stark reminder that subcontractors generally do not have privity of contract with the government and therefore cannot appeal contracting officer final decisions – even those that directly affect the sub's rights – unless that appeal is in the name of the prime and with the prime's consent and cooperation. The substantive dispute in this appeal related to the extent of government rights in software provided by Binghamton, and Binghamton had a provision in its subcontract that may have required the prime to sponsor the appeal, but the ASBCA held these were irrelevant because the prime refused to confirm its sponsorship of the appeal to the Board.
Insights
Client Alert | 1 min read | 01.10.25
FAR Council Withdraws Proposed Mandatory Climate Disclosures for Federal Contractor Rule
Mandatory climate disclosures for US federal contractors are officially off the table—at least, for the foreseeable future. On January 10, 2025, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced that they are withdrawing a proposed rule, “Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk,” which would have required thousands of federal contractors to inventory and publicly disclose their Scope 1 and Scope 2 greenhouse gas (GHG) emissions and would also have required “major” contractors to also establish and validate GHG emission-reduction targets tailored to the goals of the Paris Agreement. The proposed rule, discussed in further detail here, was introduced in November 2022 and resulted in thousands of public comments from the government contractor community and beyond.
Client Alert | 7 min read | 01.10.25
New Draft Guidance From FDA Explains When an Accelerated Approval Trial Is “Underway”
Client Alert | 11 min read | 01.10.25
Client Alert | 7 min read | 01.09.25
Navigating Disputes on Megaprojects Amid Trump Tariffs - Part 2
