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Research and Development Federal Contractors

Holland & Knight LLP

Negotiating Cost Share in Technology Investment Agreements

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Note: This is the second article in our series on capturing industrial base funding from the U.S. Department of Defense In our last post, we discussed the Defense Production Act (DPA) and Technology Investment Agreement...more

Holland & Knight LLP

Capturing Industrial Base from the DoD

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With ever-increasing threats from the Chinese Communist Party, recently exposed vulnerabilities in the United States' supply chain and decades of outsourcing that has left the defense and industrial base vulnerable, there is...more

King & Spalding

The Administration Takes Aim At Drug Prices Again – This Time Through A Controversial Framework for Exercising March-In Rights

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The Biden Administration recently announced a plan to leverage an old tool in a new way to try to reduce drug costs: exercising “march-in rights” under the Bayh-Dole Act for drugs that were supported by government funding. ...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Designates Eight Technology Hubs to Create “Lab to Fab” Pathways for Microelectronics Researchers

The designation of new technology hubs is a major implementation milestone of the new Microelectronics Commons program, created by the CHIPS Act. The Department of Defense (DoD) Microelectronics Commons program, created...more

Morrison & Foerster LLP - Government...

Biden Executive Order Has Potential To Discourage U.S. Company Participation In Federal Research

A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to federally funded inventions. While the aim of the Executive Order is to support domestic...more

Morrison & Foerster LLP - Government...

January 2023 Bid Protest Roundup: Size Protests, Blue & Gold, Sole Source

Since the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. ...more

PilieroMazza PLLC

SBIR/STTR Programs Renewed: Compliance Requirements for Small Business Contractors

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The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (SSTR) Extension Act of 2022 was enacted into law on September 30. The Act reauthorizes the SBIR/STTR programs until 2025. The...more

King & Spalding

Assessing the Value of Intellectual Property Rights in M&A Deals Involving Government Contractors

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Intellectual property (“IP”) rights can be one of the most valuable assets of a government contractor. There are several factors potential buyers can use to properly evaluate a government contractor’s IP in mergers and...more

Morrison & Foerster LLP - Government...

March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts Of Interest, And Insufficient Documentation

This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for...more

Morrison & Foerster LLP - Government...

False Claims In Independent Research & Development (IR&D): Federal District Court Adopts ATK THIOKOL As The Knowledge Standard

Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D...more

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

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Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Kilpatrick

U.S. Department of Defense Awards Contract to Secure Sensitive Data With Blockchain

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Partner Michael Breslin discusses the U.S. Department of Defense (DOD) contract that Indiana-based SIMBA Chain received to architect a blockchain proof of concept for securing sensitive research and development (R&D) data. ...more

Holland & Knight LLP

January 2020 Bid Protest Roundup

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In this post, we briefly summarize bid protest decisions from the U.S. Government Accountability Office (GAO) published in December 2019. This round-up presents two cases wherein GAO sustained the protest due to the failure...more

Holland & Knight LLP

2019 NDAA Analysis: Changes Affecting Small Businesses and the SBIR Program

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This is the first blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on August 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more

Akin Gump Strauss Hauer & Feld LLP

False Claims Act Suit Dismissed Based on Granston Memo Considerations

• DOJ is implementing the Granston memo policy in seeking dismissal of FCA qui tam actions when it is in the government’s interest, particularly when protecting its resources, discretion and litigation priorities. • DOJ...more

Holland & Knight LLP

Granston Memo in Action: DOJ Successfully Exercises Authority to Dismiss Meritless Qui Tam

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A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless non-intervened qui tam claims without the time and expense of protracted litigation with...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rule For Independent Research & Development (“IR&D”) Costs Raises Concerns

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

Sheppard Mullin Richter & Hampton LLP

DoD Seeks Public Comments Before Issuing a Proposed Rule on IR&D Costs

The Department of Defense intends to issue a proposed rule to ensure that substantial future independent research and development (“IR&D” or “IRAD”) expenses, which can be used as a means to reduce bid prices in competitive...more

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