August 23, 2018Intellectual Property

Taking the Mystery Out of Data Rights

Rights in technical data and computer software are increasingly a topic of dispute between contractors and the Government, particularly the Department of Defense (DOD). This is because of three forces: (1) congressional and DOD initiatives to acquire rights in data and software sufficient to implement DOD’s modular open systems approach, which is intended to allow ...›

Intellectual Property
August 16, 2018Compliance, Intellectual Property

FedPubs Intellectual Property Webinar Series

MoFo partners Jay DeVecchio and Tina Reynolds and associate Locke Bell will be co-presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of rights in technical data, computer software, and patents. Attendees will learn the ...›

Federal Procurement

“Workin’ Nine to Five” – But Not in a Government Office: Requesting a Debriefing

In Exceptional Software Strategies, Inc., B-416232, the Government Accountability Office (GAO) recently addressed the obscure rules for when a disappointed offeror must request a debriefing.  It’s generally well known that, in procurements where offerors may have a right to debriefings, a disappointed offeror must submit a written request to the contracting officer within three days ...›

August 2, 2018Protests & Litigation

July 2018 Bid Protest Roundup

This month’s roundup discusses three noteworthy decisions from the Government Accountability Office (GAO) covering timeliness, premature claims, and competitive range exclusion notice, and one decision from the Court of Federal Claims regarding third-party intervention. These cases serve as important reminders for protesters and awardees. Government Accountability Office 1. CWIS, LLC, B-416544, July 12, 2018 – ...›

Protests and Litigation

Corporate Transactions as a Basis for Protest (Post-Award Protest Primer #18)

Most corporate transactions go forward without protests.  Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions can have on pending procurements.  This uncertainty is exacerbated by the (often required) secrecy around pending transactions and the fact that potential corporate transactions may be ...›

Intellectual Property
July 19, 2018Intellectual Property

ASBCA’s Landmark Holdings in CiyaSoft: Government Bound by Commercial Computer Software License It Never Saw and Has An Implied Obligation to Protect Licensed Software

In a decision published last week, Appeals of CiyaSoft Corp., ASBCA Nos. 59519, 59913, the Armed Services Board of Contract Appeals (ASBCA) held for the first time that the Government may be bound by the terms of a commercial software license it has neither seen nor expressly agreed to, so long as those terms are ...›