Daniel Kelly

Daniel Kelly

McCarter & English, LLP

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Latest Publications


Developments in DoD’s Treatment of Commercial Item Assertions

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

10/10/2016 - Commercial Item Determinations DCAA DCMA Department of Defense (DOD) DFARS Federal Acquisition Regulations (FAR) Federal Contractors NDAA Procurement Guidelines Subcontractors

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

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

Coming Soon to a Federal Agency Near You... An Expanded Small Business Mentor-Protégé Program

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

8/5/2016 - 8(a) Program Disclosure Requirements Federal Contractors Joint Venture Mentor-Protege Program NAICS SBA Set-Aside Contracts Small Business

Expanding Cybersecurity Safeguarding Requirements, Reporting Obligations, and Cloud-Based Security: A Brief Guide to Understanding...

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

New Rules Assist Federal Small Business 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

12/18/2013 - Accelerated Payments Contract Drafting Contractors SBA Small Business Subcontractors

Lessons Learned from Litigators: How to Avoid Litigation When Doing a Deal

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

NDAA Imposes New Requirements and Restrictions for Defense Contractors

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

1/28/2013 - Audits Contractors Department of Defense (DOD) Federal Acquisition Regulations (FAR) Human Trafficking Indemnification NDAA Subcontractors Whistleblowers

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