Blog
On Behalf of Berenzweig Leonard, LLP | September 20, 2019 |
Business Litigation
GAO recently addressed a relatively rare protest issue: a protest of the government’s conversion of a sealed bid solicitation into a negotiated procurement solicitation based on unreasonable bid prices. When the Army wanted to build an access control point at Fort Meade, MD, it decided to…
On Behalf of Berenzweig Leonard, LLP | September 19, 2019 |
Cybersecurity & Data Privacy
Last week, the Department of Defense (DOD) released for comment the first public draft of the Cybersecurity Maturity Model Certification (CMMC) model, CMMC v.04. The looming question on every contractor’s mind is “what does this mean for the other cybersecurity requirements?” The purpose of the CMMC…
On Behalf of Berenzweig Leonard, LLP | September 9, 2019 |
Business Litigation
SANDERS, et al., v. UNITED STATES OF AMERICA, ___ F.3d ___, U.S. Court of Appeals for the Fourth Circuit, No. 18-1931 (30 August 2019). Federal law prohibits several categories of persons from buying or possessing a firearm, including anyone who is an unlawful user…
On Behalf of Berenzweig Leonard, LLP | August 16, 2019 |
Government Contracts
A protestor that loses a decision before the Government Accountability Office (GAO) can protest the recommended GAO corrective action to the U.S. Court of Federal Claims (COFC). As a recent COFC decision shows, the protestor can also challenge the way the Agency is carrying out the corrective action. The Air…
On Behalf of Berenzweig Leonard, LLP | August 16, 2019 |
Government Contracts
In the rush to get a proposal finalized and submitted to the government on time, it’s understandable that offerors cannot always labor over every word in every sentence. Unfortunately, attention to detail is critical. Recently, an offeror’s failure to write its technical proposal to clearly give itself credit for previous…
On Behalf of Berenzweig Leonard, LLP | August 5, 2019 |
Business Litigation
KNICK v. TOWNSHIP OF SCOTT, PENNSYLVANIA, ___ U.S. ___, No. 17-647 (21 June 2019) The Takings Clause of the Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.” The Supreme Court has long held that property owners may bring Fifth Amendment claims against…
On Behalf of Berenzweig Leonard, LLP | July 31, 2019 |
Employment & Labor Law
Recent Court Decisions Attempt to Clarify Status and Futures of “Gig Workers” A recent string of legal decisions regarding workers in the “gig economy”, the free market system in which temporary positions are common, point to control as the crux of their classifications. The court decisions hold that gig…
On Behalf of Berenzweig Leonard, LLP | July 17, 2019 |
Government Contracts
The suspension of a long-time government contractor following a security breach shows that the government intends to use the suspension/debarment process to investigate and perhaps punish contractors for cyber security failures. According to limited information in the Government’s System for Award Management (SAM), Perceptics, LLC was declared “Ineligible (Proceedings Pending)”…
On Behalf of Berenzweig Leonard, LLP | July 17, 2019 |
Business Litigation
We have previously blogged about some of the critical differences between an offer submitted in response to a Request for Proposal (RFP) and a quote submitted in response to a Request for Quotation (RFQ). A recent decision of the Government Accountability Office (GAO) highlighted another difference: language in an…
On Behalf of Berenzweig Leonard, LLP | July 9, 2019 |
Business Litigation
Antitrust; direct purchaser rule Facts In 2007, Apple introduced the iPhone. The next year, Apple created an electronic App Store where consumers could buy apps for their iPhones. The apps sold to consumers are developed by third-party app developers, not by Apple. Through contract and technical constraints, Apple prohibits the…
