Blog
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 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 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…
On Behalf of Berenzweig Leonard, LLP | July 3, 2019 |
Business Litigation
GAMBLE v. UNITED STATES, ___ U.S. ___ No. 17-646 (2019) I. Facts and lower court rulings In 2008, Terance Gamble was convicted of a felony in Alabama. Subsequently, in 2015, Gamble was stopped for a traffic violation. The officer detected the odor of marijuana emanating from Gamble’s vehicle, and he…
On Behalf of Berenzweig Leonard, LLP | June 26, 2019 |
Business Litigation
NIEVES v. BARTLETT, ___ U.S. ___, No. 17-1174 (28 May 2019). Facts and lower court rulings Russell Bartlett was arrested during an event in Alaska called “Arctic Man,” a winter sports festival in the remote Hoodoo Mountains near Paxson, Alaska. Paxson is a small community of a few dozen residents. …
On Behalf of Berenzweig Leonard, LLP | June 17, 2019 |
Government Contracts
A common contractor complaint is that the government rarely does things differently – that there is little, if any, initiative, in government contracting. Surprisingly, according to a little-known provision of the Federal Acquisition Regulation (FAR), innovation in government contracting is FAR policy. Even more surprising, perhaps, is that FAR gives…
