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Too Much Information In Proposal Disqualifies Offeror

On Behalf of Berenzweig Leonard, LLP | January 16, 2019 | Government Contracts

It is not unusual for an offeror to lose a contract for not giving the government enough information. The opposite, though, can happen. Recently, an offeror lost a contract for submitting too much information. Offerors competing for a contract for constructing a government building had…

New U.S. Privacy Initiatives:  FTC & NTIA Privacy Initiatives

On Behalf of Berenzweig Leonard, LLP | January 15, 2019 | Business Litigation

  Last month, we looked at NIST’s efforts to develop a new Privacy Framework to supplement its widely used Cybersecurity Framework.  This month we review a couple of the Administration’s other data privacy initiatives, which reflect that further changes in data protection requirements are a…

New U.S. Privacy Initiatives:  FTC & NTIA Privacy Initiatives

On Behalf of Berenzweig Leonard, LLP | January 15, 2019 | Business Litigation

  Last month, we looked at NIST’s efforts to develop a new Privacy Framework to supplement its widely used Cybersecurity Framework.  This month we review a couple of the Administration’s other data privacy initiatives, which reflect that further changes in data protection requirements are a…

The Small Business Runway Extension Act: Great News for Small Businesses… Eventually

On Behalf of Berenzweig Leonard, LLP | January 10, 2019 | Business Litigation

Growing small businesses facing the possible loss of small business status got two more years of “growing room” from Congress and the President on December 17th. On that day, the President signed The Small Business Runway Extension Act of 2018 that changed to 5 years from 3 years…

Armed Career Criminal Act; meaning of the statutory term “burglary”

On Behalf of Berenzweig Leonard, LLP | January 7, 2019 | Business Litigation

United States v, Stitt, ___ U.S. ___, No. 17-765 and 17-766 (10 December 2018) Armed Career Criminal Act; meaning of the statutory term “burglary” The Armed Career Criminal Act (ACCA), 18 U.S.C. §924(e)(2)(B)(ii) provides that if a person unlawfully possesses or transports a firearm and has three previous convictions for…

Weyerhaeuser Company v. The Dusky Gopher Frog & United States Fish and Wildlife Service

On Behalf of Berenzweig Leonard, LLP | December 17, 2018 | Business Litigation

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___ U.S. ___, No. 17-71 (27 November 2018) This case concerns an unfortunate little creature that is hovering on the verge of extinction: the dusky gopher frog. First, a bit of zoology. The amphibian Rana sevosa is commonly known as the “dusky…

Weyerhaeuser Company v. The Dusky Gopher Frog & United States Fish and Wildlife Service

On Behalf of Berenzweig Leonard, LLP | December 17, 2018 | Business Litigation

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___ U.S. ___, No. 17-71 (27 November 2018) This case concerns an unfortunate little creature that is hovering on the verge of extinction: the dusky gopher frog. First, a bit of zoology. The amphibian Rana sevosa is commonly known as the “dusky…

Requirement for a “Concise” Proposal Does Not Mean “Vague”

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…

New U.S. Privacy Initiatives: NIST Privacy Framework

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…

Unclear Solicitation Language Did Not “Explicitly” Request Small Business Recertification

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…

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