The Federal Acquisition Regulation (FAR) Council recently issued a final rule that implements the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order. As discussed below, the final rule – which largely adopts the proposed revisions set forth in the FAR Council’s September 14, 2020, proposed rule — contains important
Georgia Legislature Amends Mechanic’s Lien Law
An important update to Georgia’s statutory lien waiver laws took effect on January 1, 2021. The amendment to Georgia’s mechanic’s lien law alters the form for interim and final lien waivers. Essentially, the new statute clarifies that lien waivers only waive lien or bond rights against the property and do not waive the right to
The Right to Arbitrate and the Risk of Losing It
The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to follow the orders of arbitral institutions or risk losing
The Impact of the 2020 Tennessee Construction Legislation
After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the construction industry. A cornerstone of that attempt was gaining lien priority – or at least parity – with construction lenders, further
ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy Sector
The International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC Rules contain some important updates, especially for the construction and energy sector, which constitutes approximately 40% of the ICC’s overall caseload. The 2021
Federal Highway Construction Funding Extended for Another Year Without Long-Term Plan in Place
One of the key refrains of national politics recently has been that we need to address, repair, and replace aging infrastructure. Of course, this leads to the core problem of funding as the amount of infrastructure construction and maintenance currently needed in the U.S. is staggering. The federal government recently put off dealing with this
SBA Issues Sweeping Regulatory Changes in Response to Presidential Initiative
The Small Business Administration (SBA) recently published a much-anticipated final rule on a series of important regulatory amendments, including the:
- Consolidation of the 8(a) Business Development (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program;
- Elimination of the requirement that 8(a) participants seeking to be awarded an 8(a) contract as a joint venture (JV) submit
DoD Has Two New Cybersecurity Frameworks
A recent interim rule from the Department of Defense (DoD) would create a new self-assessment methodology for the cybersecurity requirements in NIST SP 800-171. The same rule also would implement the Cybersecurity Maturity Model Certification (CMMC) Framework. The interim rule, which was published on September 29, 2020, will become effective on November 30, 2020.
Significant Buy American Changes Are Coming Soon
The Federal Acquisition Regulation Council recently released a proposed rule to implement the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order, which was signed by President Trump on July 15, 2019. As discussed below, the proposed rule contains important amendments regarding domestic component thresholds and domestic pricing preferences, as
10 Reasons to Intervene in Bid Protests
As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a fiscal year-end refresher for government contractors on the process for intervening in bid protests at both