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Teaming Agreements: Date or Marriage?

Client Alert | 1 min read | 05.16.13

In Cyberlock Consulting, Inc. v. Information Experts, Inc. (E.D.Va. Apr. 3, 2013), the district court, based on "plain meaning," dismissed the sub's claim for breach of a teaming agreement by the prime for failure to subcontract with it after the award of a prime contract, holding that the subcontract provisions in the teaming agreement were "unenforceable agreements to agree" because the teaming agreement merely described the sub's scope of work as 49 percent of the functions and work in the prime contract, did not include  subcontract terms, and provided for termination of the teaming agreement if the parties could not agree on a subcontract after good faith negotiations. This decision confirms that precise drafting of teaming agreements can make the difference between an unenforceable date and an enforceable marriage.


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Client Alert | 8 min read | 01.17.25

Cyber For All: Proposed Rule Introduces Government-Wide CUI Cybersecurity Requirements

On January 15, 2025, the FAR Council released a proposed rule (FAR CUI Rule) that would amend the FAR to implement federal government-wide Controlled Unclassified Information (CUI) cybersecurity, training, and incident reporting requirements for government contractors and subcontractors.  The rule’s key cybersecurity requirements closely mirror the Department of Defense’s Cyber Maturity Model Certification (CMMC) program (for example, compliance with National Institute of Standards and Technology Special Publication 800-171, Revision 2), but broaden the scope to include contractors and subcontractors working across all federal agencies.  The Rule is intended to standardize the handling of CUI by federal government contractors and subcontractors in accordance with Executive Order 13556, including by:...