The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third...more
Varied Executive Orders, in increasing numbers, have closed nonessential businesses and services across the country, with a variety of implications for government contractors.
An increasing number of States—now numbering...more
On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4.
When preparing reverse-FOIA submissions, a...more
10/21/2019
/ Department of Justice (DOJ) ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
New Guidance ,
Private Commercial or Financial Information ,
Public Disclosure ,
Public Records ,
Technology Transfer Agreements ,
Trade Secrets ,
Trade Secrets Protection Act of 2014
New DoD rules enhance contractors’ post-award debriefing rights.
New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more
Lockheed Martin’s recent success in overcoming GAO protests shows that fully explaining a transaction in the works can be a key proposal element.
The GAO has denied three protests of a high-profile contract award to...more
3/1/2018
/ Adverse Impact ,
Bid Protests ,
Change of Ownership ,
Complex Corporate Transactions ,
Contract Peformance ,
Disclosure Requirements ,
Federal Contractors ,
GAO ,
Lockheed Martin ,
Mergers ,
Shareholder Approval
A short-term continuing resolution (CR) has re-opened our government after nearly three days of shutdown. But contractors suffered cost impacts over the past few days and may face more significant issues on February 8 if a...more
- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules.
- Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more
On August 25, 2016, the Federal Acquisition Regulatory Council issued final rules and the Department of Labor (DOL) published final guidance implementing President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order...more
8/31/2016
/ Administrative Merits Determinations ,
Amended Regulation ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Guidance ,
Final Rules ,
Labor Law Violations ,
Reporting Requirements ,
Subcontractors
The bid protest long has been the province of the disappointed bidder/offeror—the government contractor that competed for the award of a federal contract and lost. A new decision from the United States Court of Federal Claims...more
On April 15, 2016, the Government Accountability Office (GAO) issued a proposed rule in the Federal Register that would amend its current bid protest regulations, codified at 4 C.F.R. Part 21.1 The proposed rule adds a degree...more
On March 4, 2015, the U.S. General Services Administration (GSA) issued a proposed rule that could abolish the long-standing price reduction clause (PRC) from the GSA Schedule program. GSA is proposing to eliminate the clause...more