Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights
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Morrison Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.
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- 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... ›
Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments
By: J. Alex Ward and Victoria Dalcourt Angle
As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance. The orders, signed March 8, 2018 , impose a 25 percent tariff on imported steel... ›Procurement Integrity Act Violations (Post-Award Protest Primer #15)
By: James A. Tucker
Offerors should, and generally do, carefully guard the confidentiality of their bid and proposal information. And agencies that receive that information generally are careful to prevent its improper release, much as they guard against release of other source selection sensitive information. The Procurement Integrity... ›Bait-And-Switch And Unavailable Key Personnel (Post-Award Protest Primer #14)
By: James A. Tucker
The bait-and-switch in the salesman’s world involves enticing a prospective customer with an unbelievably good deal, only to switch it at the last moment with a bargain that is considerably less attractive to the buyer, and far more profitable for the seller. A version... ›Final GSA Rule on Commercial License Terms that Conflict with Federal Law
By: Locke Bell
Anyone who has endeavored to sell commercial software to the Federal government well knows there are devils hiding in the details of most commercial license agreements. The trick is knowing how to spot them – or, more precisely, agreeing which present legitimate conflict. To assist industry... ›SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations
By: Damien C. Specht and Victoria Dalcourt Angle
In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) retains its SDVO SBC status for the life of multiple award... ›Acquisition Disruption – Innovative Concepts in Government Contracting
By: Tina D. Reynolds and Victoria Dalcourt Angle
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... ›Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context
By: J. Alex Ward
Last week, the Federal Circuit issued a rare opinion on a bid protest in Agustawestland North America, Inc. v. United States. Bid protest decisions by the Court of Federal Claims are seldom appealed by protesters because the ability to get a meaningful remedy quickly... ›DOJ Takes On Meritless Qui Tam Actions
By: J. Alex Ward and Sandeep N. Nandivada
A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk their reputations to fight False Claims Act (FCA)... ›Snowmen In August: Strict Compliance And Government Waiver of Contract Requirements
By: James A. Tucker
The Government “can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract].” Rixon Electronics, Inc. v. United States , 536 F.2d 1345, 1351 (Ct. Cl. 1976). And the contractor generally must make the snowman as the... ›