Every government contractor hesitates and ponders whether information confidential and valuable to its business that is disclosed – either voluntarily or by compulsion – in a submission to a U.S. Government agency will be...more
6/26/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
A little-heralded change to the statutory definition of “commercial item” has now made its way to a proposed FAR rule, which will open up regulatory relief to a whole new class of government contractors – companies, both...more
Buried in a grab bag of seemingly innocuous course-correcting changes to the Bayh-Dole Act regulations (effective May 14 of this year) is the removal by regulators of the sixty-day window between the federal agency’s notice...more
The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result...more
One common complaint we hear from our subcontractor clients is “HOW CAN WE GET PAID????” Our experience has shown that whether through inadvertence, lack of subcontract management resources – or even as a predatory business...more
The passage of the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996 saw the dawning of a new era in procurement policy, pursuant to which sweeping changes to the procurement laws and regulations...more
Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more
8/23/2016
/ Board of Contract Appeals ,
Construction Contracts ,
Contract Disputes Act ,
COOs ,
Damages ,
Department of Veterans Affairs ,
Federal Contractors ,
Jurisdiction ,
Lack of Authority ,
Motion to Dismiss ,
Notice of Appeal ,
Termination for Convenience ,
Termination for Default
New Small Business Administration Rules Will Increase Eligibility for Large and Small Businesses to Bid Jointly on Set-Aside Contracts, but Not Without Greater Competition -
The U.S. Small Business Administration’s...more
The United States Department of Defense promulgated an “interim” rule, effective August 26, 2015, which placed imposing and costly burdens on all DoD contractors and subcontractors (including small businesses and commercial...more
11/6/2015
/ Cloud Computing ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Security ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Export Controls ,
Federal Contractors ,
Information Technology ,
Interim Rule ,
Popular ,
Subcontractors
Both prime contractors and small business subcontractors should pay attention to new rules designed to encourage small business subcontracting and influence the administration and content of those contracts. The first, which...more
In this Publication:
- 2.1 Introduction 2–1
- 2.2 General Considerations About Contract Drafting 2–2
- § 2.2.1 Does the Contract Reflect a “Meeting of the Minds”? 2–2
- § 2.2.2 The Words of the...more
8/19/2013
/ Ambiguous ,
Attorney's Fees ,
Choice-of-Law ,
Contract Drafting ,
Contract Formation ,
Forum Selection ,
Jury Waivers ,
Legal Writing ,
Litigation Strategies ,
Merger Clause ,
Negotiations
How will the FY 2013 National Defense Authorization Act impact your business as a government contractor?
The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more