The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more
Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management...more
In the IT sector, it is common for contractors with relationships to various federal agencies to have top-tier talent in-house to provide high quality IT services. Some vendors even have programmers and software engineers...more
Last year produced major changes in the whistleblowing landscape: whistleblower protections for federal contractor employees who disclose waste, fraud, and abuse were made permanent under the National Defense Authorization...more
In November of last year, I prepared a blog article about a specific clause that started appearing in firm-fixed-price contracts with various agencies which allowed them to reduce the price paid to the contractor based upon...more
It has been well understood in the Federal Acquisition Regulation (“FAR”), and in government contracting generally, that different contract types balance the risks and rewards so as to ensure both the government and the...more
This article is the third installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were; then about technical data and how to protect it; and now we will discuss ownership, license...more
In March 2015, GAO issued a decision in Recogniti, LLP, B-410658 (January 21, 2015), whereby it upheld the agency’s reliance upon individual past performance references for the owner of a small and relatively new company. GAO...more
OVERVIEW -
- Intellectual property
- Types of intellectual property
- Trademarks
- Trade secrets
- Copyrights
- Patents
- Data right
...more
Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See...more
Data rights under federal government contracts create confusion from both the government and the contractor perspectives. There is substantial misunderstanding as to the purpose of the data rights regulations and the limits...more
OVERVIEW -
- History and proposed changes to SBA’s ITVAR size rule
- What is SBA’s new ITVAR size rule?
- Understanding the nonmanufacturer rule and waivers
- What should ITVARs do now
...more
On January 26, 2016, SBA issued its final rule regarding proposed size standard increases to numerous NAICS codes, but one thing that could impact many IT contractors is the new requirement and/or clarification from SBA that...more
Objectives -
- Explore the requirements of FAR subpart 22.17
- Understand what it means to participate in trafficking in persons
- Define prohibited conduct for contractors, subcontractors, and employees...more
OVERVIEW -
- Introduction to Organizational Conflicts of Interest (“OCI”)
- Unequal Access to Information
- Biased Ground Rules
- Impaired Objectivity
- Waiving an OCI
- Strategic...more
9/17/2015
/ Bid Protests ,
Confidential Information ,
Conflicts of Interest ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Industry Consolidation ,
Material Nonpublic Information ,
Risk Assessment ,
Risk Mitigation ,
Subcontractors ,
Third-Party Risk
Given the recent PilieroMazza webinar on Data Rights in federal contracting, we have had a number of clients raise concerns or questions about the government’s “march-in” rights under the Bayh-Dole Act, which controls certain...more
8/28/2015
/ Bayh-Dole Act ,
Federal Contractors ,
Health and Safety ,
Involuntary Licenses ,
IP License ,
License Agreements ,
March-in-Rights ,
Patents ,
Procurement Guidelines ,
Public Use ,
Third-Party
OVERVIEW -
- Overview of requests for equitable adjustment (“REAs”) and Claims
- Considerations and tips for REAs and Claims
- Subcontractor Claims
- Brief overview of the Claims appeal process...more
In this presentation:
- FAR AND DFAR
- TYPES OF DATA
- TECHNICAL DATA
- COMPUTER SOFTWARE
- COMMERCIAL COMPUTER SOFTWARE
- TYPES OF RIGHTS
- LICENSE RIGHTS
- BAYH-DOLE...more
7/1/2015
/ Bayh-Dole Act ,
Defense Contracts ,
DFAR ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
IP License ,
Licensing Rights ,
Prime Contractor ,
Software ,
Subcontractors
Unlike other sole source authorities for small business programs, such as that recently granted to the WOSB program via the 2015 NDAA, a recent decision from GAO confirms that the sole source authority given to the 8(a)...more
Dear Ms. Fernandez:
We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule, issued February 5, 2015, 80 Fed. Reg. 6618. Our firm represents small...more
Newly-organized small businesses often struggle to establish adequate past performance to successfully compete in the federal marketplace. Fortunately, in the matter of Recogniti, LLP, B-410658 (January 21, 2015), GAO ruled...more
Jurisdiction of the GAO and the Court of Federal Claims to hear task order protests is limited to protest of awards over $10 million. How one defines whether a task order is over or under the $10 million threshold is subject...more
In this issue:
- Court of Federal Claims Invalidates Key Component of the SBA’s Nonmanufacturer Rule
- At the Crossroads of M&A and Government Contracts – The Novation Process
- What Every Business Owner...more
In this presentation:
- What is novation and what is required to effectuate such a transaction?
- When are novations necessary and when can they be avoided?
- What impact will a novation have on your...more
11/5/2014
/ Assignments ,
Contractors ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Novation ,
Procurement Guidelines ,
Small Business ,
Subcontractors ,
Successors ,
Transfer Restrictions
As all federal contractors know, the FAR, as well as many other rules and regulations, put most of the risk on the contractor in so many ways. Common risks include cost overruns on FFP/LPTA procurements, risk of nonpayment...more