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Archive: Sep 2018

US Agency Responding to European Privacy Protections

On Behalf of Berenzweig Leonard, LLP | September 21, 2018 | Cybersecurity & Data Privacy

The European Union’s new, rigorous privacy rules, the General Data Protection Regulation (GPDR), continue to wash across the U.S. legal and regulatory landscape and impact U.S. based government contractors.   The latest to join the movement are our friends at the National Institute of Standards and Technology (“NIST”).  On September 4, 2018, NIST announced plans to develop a voluntary privacy framework…

Typewritten Signature Is Not a Valid Electronic Signature

by Terrence O’Connor | September 20, 2018 | Cybersecurity & Data Privacy , Government Contracts

Now that electronic signatures are becoming common-place, government contractors need to know what qualifies as a valid electronic signature in procurement. An offer that is not properly signed could easily show that the offeror did not intent to be bound by its offer and therefore could be rejected by a…

Offerors Must Protest Allegedly Unattainable Contract Requirements Prior to Proposal Deadline

by Stephanie Wilson | September 18, 2018 | Government Contracts

Contractors are often concerned that filing a pre-award protest might hurt their relationship with the government customer and, as a result, sometimes take a risk in responding to what they think is an unclear or unattainable solicitation requirement. A recent GAO decision serves as a reminder that contractors who fail…

Contractors Can Profit When the Government Improperly Exercises Options

by Terrence O’Connor | September 6, 2018 | Government Contracts

As the Government Fiscal “New Year” October 1st approaches, September typically finds government contracting officers exercising options for another year of contract performance. Years of working with government contract clients and teaching government contracting officers have shown me that, often, neither party understands how an option is legally exercised. Nor…