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
The Department of Defense issued a final rule adding the National Industrial Security Program Operating Manual (NISPOM) to the Code of Federal Regulations (CFR) and making other changes relevant to contractors that access...more
Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets”
Federal Circuit revives the question of whether the FAR 33.606...more
The U.S. Government spends billions annually on procuring goods and services, frequently using streamlined methods.
As one of the largest owners and lessees of real property in the country, the U.S. Government may be an...more
6/10/2020
/ Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Goods or Services ,
Medical Supplies ,
Military Goods ,
NASA ,
Re-Opening Guidelines ,
Supply Chain ,
Supply Contracts
Small businesses should prepare for new data rights provisions appearing in Small Business Innovation Research (SBIR) contracts.
The Department of Defense (DoD) class deviation addressing SBIR contracts will cause...more
On Oct. 18, 2019, the Court of Appeals for the Federal Circuit issued its decision in Raytheon Co. v. Sec. of Def., holding that salary costs associated with lobbying activities are expressly unallowable, and therefore...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
Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures.
The new rule takes effect on October 1, 2019 and permits defense...more
This third installment of Pillsbury’s Section 809 alerts focuses on recommendations to modernize and streamline the Department of Defense’s (DoD’s) appropriations, auditing and accounting practices.
The Section 809 Panel...more
Contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed.
Congress’ trend of limiting the use of the LPTA process continues....more
On November 4, 2016, the Department of Defense (“DOD”) issued a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to require DOD Contracting Officers to adjust offerors’ proposed...more