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
Trending Now
Who Needs Privity? Subcontractor Survives Jurisdictional Challenge Through Prime Sponsorship of Its Claim • GAO Reaffirms that Proposals Without a Realistic Chance of Award Do Not Belong in the Competitive Range • Protests are Starting to Test the Limits of Procurement Speed • A Judge Ruled that SBA Mishandled the ATI Case. But the Company Remains Suspended. • Anthropic and Iran – the Government Contracting State of Play
The Intersection of Government Contracts and Bankruptcy Law in the Era of COVID-19
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