Arnold & Porter - This is the first in a series of articles examining the intersection of federal bankruptcy law with federal procurement law. The first and second articles consider unique challenges and opportunities facing federal contractors considering or undergoing bankruptcy. They focus on how standard provisions of the Federal Acquisition Regulation (FAR) affect rights at issue in bankruptcy proceedings, how government contracts are affected by the automatic stay in bankruptcy proceedings; how the Anti-Assignment Act affects contractor/debtors’ ability to assume and assign government contracts; how bankruptcy restricts the Government’s ability to terminate contracts; and how bankruptcy may limit a government contractor’s ability to seek contractual relief (e.g., equitable adjustments).
Courts, Boards, & GAO
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Lost in Cyberspace: Late-Is-Late Rule Precudes Consideration of Protester’s Quarantined Proposal • Raytheon Loses Remand Fight Over Level 1 Cost Penalties, But Government Waived Right to CAS Penalties • Why Not Bidding—and Not Protesting Early—Doomed This Challenge to an Award • “I Could Have Competed” Won’t Cut It: COFC Requires Showing Contractor Could Perform Work if it Wants to Protest Solicitation Terms • Revolutionary FAR Overhaul Update: Rulemaking Phase Begins with the Issuance of Four Proposed Rules
The Intersection of Government Contracts and Bankruptcy Law in the Era of COVID-19
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