Blog
by Stephanie Wilson | September 22, 2020 |
Government Contracts
Under GAO’s Bid Protest Regulations, “[i]f the agency decides to take corrective action in response to a protest, GAO may recommend that the agency pay the protester the reasonable costs of filing and pursuing the protest, including attorneys’ fees and consultant and expert witness fees.” 4 C.F.R. § 21.8(e). GAO…
by Stephanie Wilson | August 18, 2020 |
Government Contracts
It is a contractor’s responsibility to submit a well-written proposal in response to a solicitation. As a recent GAO case illustrates, an agency will not find much value in an offeror’s broad, unspecific statements that do not allow the agency to make a meaningful review of that proposal. Nor can…
by Terrence O’Connor | August 18, 2020 |
Government Contracts
Keeping 8(a) procurements in the 8(a) program is procurement policy. Follow-on work must stay within the 8(a) program unless the Small Business Administration (SBA) concludes that the follow-on work is a “new requirement.” The term “new requirement” includes: “[t]he expansion or modification of an existing requirement … where the magnitude…
On Behalf of Berenzweig Leonard, LLP | August 14, 2020 |
Uncategorized
The latest adjustment in the District Court in the Eastern District of Virginia to the COVID-19 pandemic is the adoption of a modified jury summons packet that will be provided to all prospective jurors within the District. The Court adopted this packet in anticipation of the resumption of criminal jury…
by John W. Polk | July 17, 2020 |
Business Litigation
TRUMP v. MAZARS USA, LLP, ___ U.S. ___, No. 19-715 (9 July 2020) During April 2019, three committees of the U.S. House of Representatives issued subpoenas for information about the finances of President Trump, his children, and affiliated businesses. The House claimed that generally the financial information would help…
by Terrence O’Connor | July 16, 2020 |
Government Contracts
In the opinion of many government contractors, this should be a short article. Many bidders give no thought to using the agency-level protest process pursuant to FAR 33.103 and agency FAR Supplements. They see no value in wasting their time and money on an agency-level protest that, in effect, finds…
by Terrence O’Connor | July 16, 2020 |
Government Contracts
You would think that the Government Accountability Office (GAO) would consider a protest claiming that the agency is not enforcing the Buy American Act (BAA). But, as shown in a recent GAO decision in Craft Bearing Company, Inc., B- 418685, 2020 WL 3429044 (June 22, 2020), GAO rarely considers…
by Stephanie Wilson | July 16, 2020 |
Government Contracts
It is not unusual for an agency to revise a solicitation when taking corrective action in response to a bid protest. A recent bid protest decision by GAO confirms that if an agency makes a material change to the solicitation’s terms, it must allow offerors to submit revised proposals in…
On Behalf of Berenzweig Leonard, LLP | July 13, 2020 |
Intellectual Property
If you submit a new trademark application or if you include your email address on a prior trademark application, there is a good chance you will be scammed. Here is what to look for. The scam usually looks like an official invoice sent to your email address. The invoice will…
On Behalf of Berenzweig Leonard, LLP | July 10, 2020 |
Intellectual Property
United States Patent & Trademark Office v. Booking.com B.V., ___ U.S. ___, 2020 WL 3518365, No. 19-46 (June 30, 2020) by Clyde Findley and Amber Orr | Intellectual Property | We used to question whether generic Internet domain names could be trademarked. Now, thanks to Booking.com’s unwillingness…
