Blog
On Behalf of Berenzweig Leonard, LLP | December 14, 2018 |
Government Contracts
Contrary to the cliché that “the devil is in the details,” an offeror’s proposal must give the agency evaluating the proposal enough information – details – to let the agency evaluate how well the offeror can do the contract work. Lack of details was a factor in a contractor losing…
On Behalf of Berenzweig Leonard, LLP | December 13, 2018 |
Cybersecurity & Data Privacy
As government contractors implement the DFARS cybersecurity contract clause (DFARS 252.204-7012) and await the expected Federal Civilian-wide clause, other U.S. companies are figuring out the impact and requirements of the EU General Data Protection Regulation (GDPR). Meanwhile, the U.S. Government (both executive branch and Congress) are moving out smartly…
On Behalf of Berenzweig Leonard, LLP | November 19, 2018 |
Business Litigation
As more small businesses prosper and outgrow their small business status, a recurring issue is whether these no-longer-small business can compete for task orders under multiple-award contracts they won years ago when they qualified as a small business. Their right to compete generally depends on the ordering contracting officer who…
On Behalf of Berenzweig Leonard, LLP | November 19, 2018 |
Government Contracts
Any contractor working its way through registering in SAM knows how many different ways the government identifies a contractor. There is a DUNS number, a CAGE Code as well as a company name, and perhaps a doing business as (DBA) name. When a company has divisions, those numbers can be…
On Behalf of Berenzweig Leonard, LLP | November 16, 2018 |
Cybersecurity & Data Privacy
Just this past September, the Navy issued a policy memorandum, effective immediately, entitled “Implementation of Enhanced Security Controls on Select Industrial Base Partner Networks.” It called for stricter cybersecurity requirements under DFARS 252.204-7012 for critical defense contractors (the “7012 Clause”). The memorandum required a new Contract Data Requirement List…
On Behalf of Berenzweig Leonard, LLP | November 14, 2018 |
Employment & Labor Law
Mount Lemmon Fire District v. Guido, ___ U.S. ___, No. 17-587 (6 November 2018) Age Discrimination in Employment Act (ADEA) Faced with a budget shortfall, Mount Lemmon Fire District, a political subdivision in Arizona, laid off its two oldest full-time firefighters. The two firefighters sued the Fire District,…
On Behalf of Berenzweig Leonard, LLP | November 8, 2018 |
M&A and Corporate
Meuse, et al. v. Henry, et al., Virginia Supreme Court, No. 170604 (4 October 2018) Arbitration; judicial review of arbitration; confirmation of arbitration award Charles Dickens had a talent for naming characters with names suggesting the character’s personality. Recall, for example,…
On Behalf of Berenzweig Leonard, LLP | November 6, 2018 |
Government Contracts
Bid proposal teams got some good news and bad news from two recent court decisions involving the Freedom of Information Act (FOIA). The good news is that their line item prices, including their mark-ups, on winning bids will rarely be seen by competitors. The bad news is that bid teams…
On Behalf of Berenzweig Leonard, LLP | October 23, 2018 |
Employment & Labor Law
Quisenberry v. Huntington Ingalls Incorporated, ___ Va. ___, No. 171494 (11 October 2018) Negligence, duty of care, recognizable risk of harm, asbestos dust From 1942 to 1977, Bennie Quisenberry worked for Newport News Shipbuilding and Dry Dock, now known as Huntington Ingalls Incorporated…
On Behalf of Berenzweig Leonard, LLP | October 18, 2018 |
Government Contracts
Because major changes in the procurement laws are difficult for Congress to pass, incremental changes tend to be made yearly in the National Defense Authorization Act (NDAA). The 2019 NDAA is no exception. One of the most significant “incremental” changes made this year involves an agency’s use of the lowest…
