Isaias Alba IV

Isaias Alba IV

PilieroMazza PLLC

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Latest Publications


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

11/14/2016 - Federal Acquisition Regulations (FAR) Federal Contractors Fixed Price

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

10/19/2016 - DFARS Federal Acquisition Regulations (FAR) Federal Contractors IP License Licensing Rights Software

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

6/20/2016 - Federal Acquisition Regulations (FAR) Federal Contractors GAO Small Business

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

6/16/2016 - DFARS Federal Acquisition Regulations (FAR) Federal Contractors Government Contractors Intangible Property Intellectual Property Protection Inventors

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

6/8/2016 - Bayh-Dole Act DFARS Federal Acquisition Regulations (FAR) Federal Contractors Licensing Rights

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

4/15/2016 - DFARS Federal Acquisition Regulations (FAR) Federal Contractors Proprietary Information

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

4/13/2016 - Federal Contractors Public Contracts SBA Small Business

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

2/16/2016 - Federal Contractors NAICS Procurement Guidelines SBA Software

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

2/8/2016 - Federal Acquisition Regulations (FAR) Federal Contractors Human Trafficking NDAA Subcontractors

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

11/9/2015 - Department of Veterans Affairs Federal Acquisition Regulations (FAR) Federal Supply Schedule (FSS) GAO Kingdomware Techs. Inc. v United States Mootness Rule of Two SCOTUS SDVOSB Small Business Vacatur VOSB

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

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

“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

8/28/2015 - Bayh-Dole Act Federal Contractors Health and Safety Involuntary Licenses IP License License Agreements March-in Patents Procurement Guidelines Public Use Third-Party

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

7/30/2015 - Court of Federal Claims Federal Contractors Public Projects Subcontractors

Data Rights for Government Contractors


7/1/2015 - Bayh-Dole Act Defense Contracts DFAR DFARS Federal Acquisition Regulations (FAR) Federal Contractors IP License Licensing Rights Prime Contractor Software Subcontractors

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

5/21/2015 - Federal Contractors GAO Native American Issues NDAA Section 8(a) Small Business Tribal Corporations US Department of State WOSB

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

5/6/2015 - Federal Contractors HUBZone Mentor-Protege Program Rulemaking Process SBA SDVOSB Small Business WOSB

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

3/19/2015 - Federal Acquisition Regulations (FAR) Federal Contractors GAO Small Business

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

12/23/2014 - Bid Protests Federal Contractors GAO General Solicitation Jurisdiction

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

11/7/2014 - Contractors Fair Pay and Safe Workplaces Federal Contractors Manufacturers Procurement Guidelines SBA Subcontractors Tangible Property

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

11/5/2014 - Assignments Contractors Federal Acquisition Regulations (FAR) Federal Contractors Federal Procurement Systems Novation Procurement Guidelines Small Business Subcontractors Successors Transfer Restrictions

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

10/29/2014 - Federal Acquisition Regulations (FAR) Federal Aviation Administration (FAA) Federal Contractors Procurement Guidelines Severe Weather Weather Policy

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

9/30/2014 - COFC Federal Contractors SBA Service Contracts

Comments on SBA's Proposed Rule Regarding Advisory Small Business Size Decisions

Re: Comments on Proposed Rule Regarding Advisory Small Business Size Decisions RIN: 3245-AG59, Docket Number: SBA-2014-7 - Dear Mr. Koppel: We are writing to submit comments regarding the U.S. Small Business...more

8/27/2014 - Advisory Opinions Federal Contractors Federal Procurement Systems Fraud NDAA Proposed Regulation Rulemaking Process Safe Harbors SBA Small Business

Prompt Payment Act Interest Decreases

Since 2008, when the PPA and CDA interest rates were as high as 5 5/8 % per annum, the interest rates under the PPA and CDA have trended downward to a low of 1 3/8 % per annum for the first half of 2013. ...more

7/2/2014 - Contract Disputes Act Federal Contractors Interest Rates Prompt Payment

The New Rules: Changes That Every Small Business Contractor Needs to Know

In this presentation: New Final Rules: – Multiple Award Contracts – Presumed Loss – Subcontracting Coming Attractions: – Performance of Work Requirements – Mentor-Protégé...more

6/23/2014 - Contractors Federal Contractors Small Business Subcontractors

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