Topic Archives: Compliance

Defense
September 24, 2018Compliance, Defense, Protests & Litigation

Increased Security Risks May Be a Cardinal Change

Former Secretary of Defense Donald Rumsfeld once explained that there are the known unknowns and the unknown unknowns.  Some greeted that gnomic pronouncement with bemused smiles.  But contractors operating in a contingency environment know exactly what he was talking about.  No mere mortal can accurately predict, much less price, all of the risks involved in ...›

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 ...›

Federal Procurement

Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond

Other Transaction Agreements (OTAs):  The term is familiar among government contractors, yet commonly misunderstood.  Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018 CPD ¶ ___, defined OTAs as “legally-binding instruments, other than contracts, grants, or cooperative agreements, that generally are not subject to federal laws and regulations applicable ...›

Intellectual Property

Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights

The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to contractors in their fight against the Air Force’s recent data rights grab.[1]  Followers of this blog and readers of the Government ...›

Compliance

Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights

Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license rights for inventions developed with federal funding.  The new regulations were issued on April 13, 2018 by the Department of Commerce, National Institute of Standards ...›

Federal Procurement

Warning: Possible Delays Ahead New SAM Requirement for Notarized Letter

All government contractors must have an active registration in the System for Award Management (SAM) to do business with the government. As of March 22, 2018, SAM requires users registering a new business entity to “provide an original, signed notarized letter” confirming that they are the “authorized Entity Administrator” before their registration will be activated. ...›

Federal Procurement
February 21, 2018Acquisition Regulations, Compliance

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation.  Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government contracting and to encourage modernization and efficiency in procurements.  Below we ...›