Palantir USG, Inc. v. United States, Gives New Teeth to the Government’s Preference for Buying Commercial
Palantir USG, Inc. v. United States, CAFC 2017-1465, September 7, 2018, is one of those rare cases where the Government appealed a Court of Federal Claims (COFC) Bid Protest to the Court of Appeals for the Federal Circuit (CAFC) and lost in both courts. Because of the issues with procuring commercial radios in the First […]
Licensing Commercial Software to the Federal Government and EULAs
It is best practice for companies to have standard end user licenses (“EULAs”) for commercial software licensed to the federal government due to the protections they provide. CiyaSoft Corporation, ASBCA Nos. 59519, 59913, June 27, 2018, an opinion by the Armed Services Board of Contract Appeals (“ASBCA” or “Board”), illustrates why EULAs are beneficial to […]
GSA Commercial License Terms
The GSA issued its final rule on the applicability of certain clauses that are frequently used in commercial license agreements such as EULAs (end-user license agreements) or click licenses on February 22, 2018. 552.212-4 Contract Terms and Conditions – Commercial Items (FAR Deviation) is applicable to all GSA contracts for commercial supplies or services that […]
Is This the End of Teaming Agreements in Virginia?
In CGI Federal Inc. v. FCi Federal, Inc., on June 7, 2018, the Supreme Court of Virginia affirmed the decision of the Circuit Court of Fairfax Virginia that teaming agreements are agreements to agree in the future with regards to future subcontracts, but are enforceable contracts as to the activities required pursuant to the submission […]
MWL Counsel Jody Reed to Speak on CPARS
MWL Counsel Jody Reed will be presenting “CPARS What You Need to Know” at the May 30, 2018 Jennifer Schaus & Associates GovCon Webinar Series. Registration is required and complimentary through this link: https://attendee.gotowebinar.com/register/6127613874100086786. For more on CPARS, check out Jody’s Blog post, dated January 18, 2018, “When Should a Contractor Contest a CPARS Rating?” Share […]
Bayh-Dole Act Gets a Facelift
On April 13, 2018, the National Institute of Standards and Technology (“NIST”) issued a final rule revising the Bayh-Dole Act, 37 CFR 401, to update certain sections to conform with changes to patent laws, the implementation of Executive Order (E.O.) 12591, make technical corrections, clarify the role of funding agencies in the Bayh-Dole process, clarify […]
MWL Counsel Jody Reed Contributes to HSToday on GAO Cybersecurity Decisions
MWL Counsel Jody Reed recently a contributed an article to Homeland Security Today Magazine (HSToday) entitled, “Government Cybersecurity Update: GAO Holds Firm on Contract Protests“. In the article, Jody discusses recent GAO decisions regarding government contractor compliance with National Institutes of Standards and Technology cybersecurity regulations. Share on email Share on facebook Share on google […]
When Should a Contractor Contest a CPARS Rating?
The Contractor Performance Assessment Reporting System or CPARS was established so that different government agencies could better gather and share information regarding the past performance of contractors. “The primary purpose of the CPARS is to ensure that current, complete and accurate information is available for use in procurement source selections.” (Guidance for Contractor Performance Assessment Reporting System). […]