Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
Federal agencies have proposed an amendment to the Federal Acquisition Regulation addressing the Federal preference for purchasing biobased products. The purpose of the proposed amendment is to allow federal agencies to monitor compliance with that preference, which was originally implemented in the FAR on Nov. 7, 2007, as the Biobased Products Preference Program. Under that "BioPreferred Program", the United States Department of Agriculture determines categories of biobased products for preferred designation and establishes a minimum biobased content for each category. The USDA also maintains a catalog of "biopreferred" products. However, the previous FAR stopped short of creating a reporting mechanism by which agencies could monitor compliance with the BioPreferred Program.
The new mandatory reporting requirements could affect service and construction contracts in many ways. From a practical standpoint, government contractors may have to assign additional contracting staff to projects in order to handle product research, tracking and reporting. Because the USDA has identified more than 15,000 biobased products, a number that is constantly growing, simply staying abreast of the latest developments also will require additional resources. Although the FAR provides certain exceptions where (a) the item cannot be acquired competitively within a reasonable time frame, (b) at a reasonable price, or (c) will not meet reasonable performance standards, it provides little guidance on what constitutes "reasonable." As such, contractors will be forced to strike a delicate balance between satisfying the federal preference for purchasing biobased products while still submitting competitive bids or proposals. Disagreements regarding what constitutes "reasonable" also may create additional grounds for bid protests and even encourage qui tam whistleblower lawsuits.
The agencies are inviting comments on the proposed FAR and new reporting requirement, including feedback on the following topics:
Although the agencies' comment process is the primary opportunity for government contractors to shape such rules, few take advantage of the opportunity. For example, only six respondents submitted comments to the original version of this FAR. The deadline to submit written comments to the Regulatory Secretariat regarding the proposed FAR is Sept. 12, 2011. Comments may be submitted online, via fax or by regular mail.
In addition to the new reporting requirement, the USDA is constantly proposing new rules designating additional categories of items for the BioPreferred Program or adjusting the minimum biobased contents for items. The USDA seeks – but rarely receives – comments to its proposed rules. For example, as recently as July 22, the USDA announced a new rule adding 14 new categories of biobased products. The USDA sets minimum biobased content based only on those products for which it is able to obtain content test data. However, because the submission of product samples is on a voluntary basis, the USDA frequently sets minimum levels based only on data for a single product within a designated category. The USDA welcomes additional test data and constantly evaluates whether the minimum biobased content for a designated item should be revised. This is an important opportunity for manufacturers of biobased products to work with the USDA to have their product listed, and assure that reasonable minimum contents are established.
If you would like to further discuss the new and proposed rules and how they may affect you or your business, or any other issues regarding government contracting and construction, please contact a member of Gardere's Construction team.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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