News & Insights

SDVOSB Joint Venture Agreements

Rules for Joint Venturing With A Service-Disabled Veteran-Owned Small Business (SDVOSB) The Small Business Administration (SBA) manages several government contracting programs, one of which is the SDVOSB Program. According to its website, the purpose of this program is “to provide procuring agencies with the authority to set acquisitions aside for exclusive competition among service-disabled veteran-owned small [..]

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Prime Contractor Responsibility For Subcontractors

Recent Decision By ASBCA Invalidates Broad Interpretation of Prime Contractor Responsibility Prime contractors and higher tier subcontractors know they have a responsibility to manage and flow down certain Federal Acquisition Regulation (FAR) requirements to their subcontractors. The FAR along with contract terms and conditions are more clear on flow downs; what “management” of subcontractors means, however, [..]

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Federal Contractors Must Update Disability Self-Identification Forms

Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to reach out to, hire, and provide equal opportunity to qualified people with a disability. As part of compliance with this program, contractors must also periodically survey current employees regarding their disability status. These inquiries must be made using Form CC-305 published by the [..]

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Record Retention Webinar For Contractors

Attorney Kristi Morgan Aronica will deliver a webinar in March on record retention requirements in government contracting. Below is an overview of the course. It will be held on March 30, 2017 from 1:00-2:30 Eastern. You can register here. It is available for CLE, CPE, and NASBA credit. Government Record Retention: How Long Should You [..]

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Contract Without A Contract?

Arguing Enforceability Under the Theories of Implied in Fact and Oral Contract As can be found in commercial settings, in government contracts sometimes a vendor will perform without the agreement of the parties being memorialized in a written contract. Typically this scenario occurs when the supplier of the good or service has a base contract with [..]

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Liability For Implied Certifications Under The False Claims Act

Implied Certification in False Claims Act Cases Liability Under the False Claims Act (FCA) Implied certification is yet another potential trap of False Claims Act liability for the unwary contractor. This article will review a recent Supreme Court decision clarifying the issue of whether the government can recover on the theory of implied certification. First, though, a [..]

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Intellectual Property in Government Contracts

Intellectual Property Basics For Contractors A company’s intellectual property is one of its most important and lucrative assets. For vendors selling to the government understanding, protecting, and possibly negotiating ownership and use rights of data in federal procurements can be daunting. This article seeks to provide an overview of the rules around intellectual property ownership, use, [..]

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Commerciality Determinations

Commercial Versus Noncommercial In Federal Procurement Contracts How Commercial Item Determinations Are Made Contracting officers have significant control over their procurements and with that wide discretion in determining the type of contract issued. One decision early on in the process contracting officers make is whether the procurement will be commercial or non-commercial. This classification has considerable implications for [..]

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Kristi Morgan Aronica Chosen To Join Austin Bar/AYLA 2017 Leadership Academy

Attorney Kristi Morgan Aronica has been selected to join the Austin Bar/AYLA 2017 Leadership Academy. Kristi will join a group of attorneys in working to improve the Austin community. The Leadership Academy program runs from January through June of each year. Members will participate in an initial retreat, followed by a series of luncheons where they will [..]

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Corrective Action Protests

Corrective Action Protests in Federal Procurements What Is Corrective Action? A remedy agencies often use to avoid or delay bid protests is corrective action. Normally taken when the agency believes it faces a strong protest, corrective action consists of the agency taking measures to correct the alleged procurement defect raised in the bid protest (or [..]

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