With proposals costing hundreds of thousands of dollars and many IDIQs having 50 or more awardees, it can easily happen that some contractors who win a spot on a contract are unable to capitalize on it and simply stop trying...more
RULES AND REGULATIONS -
The Department of Veterans Affairs (VA) issued a proposed rule on November 29, 2018 proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any...more
12/3/2018
/ Bid Protests ,
Bribery ,
Criminal Conspiracy ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Employer Liability Issues ,
Explosives ,
Federal Contractors ,
Federal Procurement Systems ,
Fraud ,
Gender Discrimination ,
General Services Administration (GSA) ,
Hazardous Waste ,
OFCCP ,
Pregnancy ,
Proposed Legislation ,
Proposed Rules ,
Reasonable Accommodation ,
Retailers ,
SDVOSB ,
Sexual Orientation Discrimination ,
Tax Evasion ,
VA Acquisition Regulation (VAAR)
As we noted in our May 2, 2018, post on the possible 809 Panel recommendations for bid protests, the Panel was planning to make radical changes to the bid protest process at DOD, which would lead to less oversight and...more
As we have noted in the past, when the 809 Panel first convened, a number of the members believed that small business programs provided little for the warfighter at DOD and, thus, were simply unnecessary....more
It is a well-known fear of many small business federal contractors that, if you are too successful, it may be the death knell for the business. Every small business set aside is restricted to only those companies whose...more
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
Published by Set-Aside Alert Newsletter: In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to...more
SMALL BUSINESS ADMINISTRATION -
Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards -
Columbia-based MassTech,...more
Back when you started your small business, and the very prospect of making payroll for the month was nerve-wracking, you probably never imagined that your company might actually become too successful. Now, as you get closer...more
DEPARTMENT OF DEFENSE -
Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts -
The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more
5/7/2018
/ Audits ,
Bid Protests ,
Cyber Threats ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Liquidated Damages ,
NASA ,
Paid Sick Leave Act ,
SBA ,
Small Business ,
Subcontractors ,
Verification Requirements
In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to streamline and improve the Department of...more
The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on...more
DEPARTMENT OF DEFENSE -
Contractors on Board with Defense Department Budget Request -
The defense contracting industry has had a positive reaction to President Donald Trump’s fiscal year 2019 Defense Department budget...more
In a recent case with wide-ranging implications, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and...more
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