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Licensing Third Party Software for Use in Federal Contracts

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

Evolutions in Whistleblowing: What Federal Contractors Need to Know

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

The Firm Fixed Myth

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

The Firm Fixed Price Profits Reduction Clause: Government Takes All the Benefits and None of the Risk?

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

Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys

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

GAO Clarifies Rules Regarding the Use of Key Personnel Past Performance

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

Intellectual Property Issues for Government Contractors

OVERVIEW - - Intellectual property - Types of intellectual property - Trademarks - Trade secrets - Copyrights - Patents - Data right Please see full Presentation below for more...more

What is Technical Data and How Do You Protect It

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: What Are Data rights?

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

SBA’s New Itvar Size Rule

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 Please see...more

SBA Closes the Door on Resellers of Major Commercial Software

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

Combating Trafficking in Persons (CTIPS): What Contractors Need to Know

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

Kingdomware Vs. the VA: Supreme Court Case to be Dismissed?

If you are already aware of the Kingdomware case, you will likely be surprised to hear that on November 4, 2015, the U.S. Supreme Court issued an order to the parties in the Kingdomware case to submit briefs on whether the...more

Organizational Conflicts of Interest

OVERVIEW - - Introduction to Organizational Conflicts of Interest (“OCI”) - Unequal Access to Information - Biased Ground Rules - Impaired Objectivity - Waiving an OCI - Strategic...more

“March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law

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

Claims Webinar Series: Requests for Equitable Adjustments and Claims

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

Data Rights for Government Contractors

In this presentation: - FAR AND DFAR - TYPES OF DATA - TECHNICAL DATA - COMPUTER SOFTWARE - COMMERCIAL COMPUTER SOFTWARE - TYPES OF RIGHTS - LICENSE RIGHTS - BAYH-DOLE...more

Once 8(a) Competitive, Not Always 8(a) Competitive

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

Comments on the Mentor-Protege Proposed Rule

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

GAO Allows New Company to Rely Upon Owner’s Personal Past Performance

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

GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods

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

PilieroMazza Legal Advisor - Fourth Quarter

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

Novations and Contract Transfers

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

Weather-Related Delays at Locations Other Than the Government Facility? No Excuse for A Late Proposal

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

SBA Regulation Invalidated by Court of Federal Claims: Nonmanufacturer Rule Applies to Supply Portions of Service Contracts

It has been the common understanding within the U.S. Small Business Administration (“SBA”), and the small business government contracting community as a whole, that the nonmanufacturer rule applies only to contracts for the...more

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