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Follow-on Work Was Not a “New Requirement”, Must Stay in the 8(a) program

On Behalf of Berenzweig Leonard, LLP | 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…

EDVA Adopts Modified Jury Packet for Prospective Trial Jurors

On Behalf of Berenzweig Leonard, LLP | August 14, 2020 | Rocket Docket

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…

Separation of powers; Congressional subpoena for the President’s personal papers

On Behalf of Berenzweig Leonard, LLP | 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…

Advantages of Agency-Level Protests

On Behalf of Berenzweig Leonard, LLP | 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…

GAO Has No Jurisdiction Over Subcontractor’s Protest

On Behalf of Berenzweig Leonard, LLP | 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…

Agencies Must Allow Offerors to Submit Revised Proposals Following a Material Change to Solicitation Terms 

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…

If You Have a New Trademark, Watch Out for Scams!

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…

Domain Names Can Be Trademarked

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…

Rocket Docket to Resume Criminal Jury Trials No Earlier Than September.

On Behalf of Berenzweig Leonard, LLP | July 2, 2020 | Rocket Docket

On June 30, 2020, Chief Judge Mark S. Davis issued General Order 2020-19, announcing that the resumption of criminal jury trials in the Eastern District of Virginia will be delayed until September 14, 2020. This most recent General Order does not further address the Court’s previous pronouncement that civil jury…

DoD’s New Cybersecurity Requirements for Contractors

On Behalf of Berenzweig Leonard, LLP | June 30, 2020 | Government Contracts

Starting in September, the Department of Defense will demand that bidders on DoD contracts meet higher cyber security requirements. And bidders will no longer be able to self-certify their compliance. Below are high-level questions guiding you on what you need to know. What are these higher cyber requirements?  The…

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