Topic Archives: Compliance

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 ...›

February 1, 2018Compliance, Defense

Millennials Outraged Over GAO Decision Upholding DoD Determination that Millennials Won’t Keep a Job

(Editor’s Note: The author of this post is millennial, though she does not admit it and we don’t hold it against her.) “Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government Accountability ...›

Compliance
January 25, 2018Compliance

Don’t Mean to Harsh Your Mellow, But…

In a time of uncertainty caused by competing state and federal laws surrounding the use of recreational marijuana, the Drug-Free Workplace Act sets forth clear expectations for government contractors: they must follow federal laws prohibiting drug use when operating in states that allow such use. This is an obligation that is more important than ever ...›

Compliance

Hurricanes, Floods, Tornadoes, and Power Loss: What’s A Government Contractor To Do? Act Now Under Your Contract, While You Fix the Roof

This article has been republished in Law360. The aftermath of a hurricane is a difficult time for many in the affected areas, and government contractors are no exception.  Hurricanes Harvey and Irma caused terrible damage in Texas and Florida, claiming lives and extensively damaging property.  The costs of these hurricanes are staggering.  Recovery will be ...›

Compliance
June 12, 2017Compliance, Protests & Litigation

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms.  And, in bringing a Contract Disputes Act (CDA) claim against the Government based upon an alleged breach, one’s focus usually ...›