Earlier this year, the Department of Defense (DoD) published an “Intellectual Property Guidebook for DoD Acquisition.” It is the culmination of many years of work and the most insightful data rights guidance out of the...more
7/23/2025
/ Compliance ,
Contractors ,
Data Rights ,
Data Security ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Innovation ,
Intellectual Property Protection ,
Licenses ,
Regulatory Requirements
As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more
1/24/2025
/ Compliance ,
Data Protection ,
Data Rights ,
Data Security ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Intellectual Property Protection ,
Regulatory Requirements ,
SBIRs ,
Small Business ,
STTR
On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more
1/14/2025
/ Biden Administration ,
Compliance ,
Contract Terms ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Intellectual Property Protection ,
New Legislation ,
Regulatory Requirements ,
Software ,
Source Code
On December 4, 2024, the House passed the Strengthening Agency Management and Oversight of Software Assets (SAMOSA) Act, a bipartisan bill that is now before the Senate. Under the SAMOSA Act, federal agencies are directed to...more
Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more
The Department of Defense updated its guidance on “other transaction” agreements, or “OTs,” an increasingly popular contracting authority not subject to the FAR or most procurement laws that accounted for more than $37...more
In the extensive chatter since the Federal Acquisition Regulatory Council (“FAR Council”) published an interim rule on the new Federal Acquisition Regulation (FAR) 52.204-27, “Prohibition on a ByteDance Covered Application,”...more
Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D...more
This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award. The first, HWI Gear, emphasizes the requirement for small...more
Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...more
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce...more
The most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one: How can I get in on the action? Understandably, OTs – essentially...more
In a decision published last week, Appeals of CiyaSoft Corp., ASBCA Nos. 59519, 59913, the Armed Services Board of Contract Appeals (ASBCA) held for the first time that the Government may be bound by the terms of a commercial...more
The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more