Sunday, September 27, 2020

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Here Is How You Actually Negotiate IP Rights in Other Transactions

Morrison & Foerster – Although there is great deal being written these days about DOD’s increasing use of Other Transactions “OTs”, no one explains how you actually negotiate OT terms and conditions, particularly the intellectual property clauses that are the most troublesome for contractors.  Jay DeVecchio fixes that, by describing how to prepare and to […]
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The Contractor’s Coronavirus Checklist

By Lee-Ann C. Brown, J. Jackson Hill IV, and J. Christopher Selman of Bradley Arant Boult Cummings LLP The coronavirus disease (COVID-19) continues to dominate global headlines...

Protester Goes Seven for Seven in Arguments Before GAO

Koprince Law – Veterans of the bid protest process know that it’s not uncommon for a protester to make half a dozen arguments and prevail on only one. Know what that’s called? A win. But when a protester goes seven for seven, you have to tip your cap. Read the full post at SmallGovCon
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The COFC’s Oracle Opinion is a Master Class in How Not to Handle Conflicts...

By Craig LaChance, Senior Editor PubKGroup In stories for preschoolers, the plot point typically involves the main character (usually a child or anthropomorphized animal) making...

Is Coronavirus an Excusable Delay?

Husch Blackwell - The spread of COVID-19 (Coronavirus) remains unclear, but its impacts are already being felt. Supply chains are being disrupted and companies...

State COVID-19 Lockdowns: What Contractors Operating in “Lockdown” Areas Need to Know

Wiley Rein – As the federal government continues taking steps to mitigate the unfolding COVID-19 public health emergency, state and local governments have started issuing “lockdown” or “stay at home” orders. These orders, among other things, place significant restrictions on or mandate the closure of non-essential businesses. Government contractors with operations in these jurisdictions must […]
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GAO Issues Surprising Decision Downplaying Impact of Alleged OCI

Fox Rothschild – Organizational conflicts of interest (or “OCI”) generally exist when one party has access to nonpublic information as part of its performance on a government contract. OCI — or even the appearance of OCI — can be a landmine for Federal contractors.  Unresolved OCI can lead to exclusion from a contract competition, contract termination, […]
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Government Asserted Claims Arising From Contractor’s “Staggering Fraud,” But Contractor Bore the Burden of...

Government’s claims seeking reimbursement for overcharges are, for the most part, granted. The contractor had a contract to deliver food to troops in Afghanistan....

The Government Contractor Coronavirus (COVID-19) Preparedness Toolkit

Crowell & Moring - With the coronavirus disrupting business in parts of Asia and with increasing impacts in the United States, it is important...

Coronavirus (COVID-19) for Employers: Leaves, Furloughs, and the WARN Act

As the ripple effects from COVID-19 continue to grow, employers are increasingly facing difficult questions about how to address temporary workplace closures as well...