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Were Security Clearances Needed at Time of Award or Start of Work?

On Behalf of Berenzweig Leonard, LLP | April 18, 2018 | Government Contracts

With security clearances being such an important requirement of winning a Defense Department contract, contractors need to know some unique protest rules dealing with a contracting officer’s “responsibility” determinations. An Army solicitation required the winning contractor’s employees to “have and maintain a current SECRET clearance prior to and during employment,”…

Protestor’s Lack of Substantive Response Sinks Protest

by Stephanie Wilson | March 15, 2018 | Government Contracts

GAO recently dismissed an unsuccessful bidder’s protest, finding that the protestor had effectively abandoned its protest when it failed to provide a substantive response to the agency’s report. Yang Enterprises, Inc. protested the award of an Air Force contract for launch operations and infrastructure support at Cape Canaveral, Florida to…

Always Read RFP Provisions Incorporated By Reference

On Behalf of Berenzweig Leonard, LLP | March 14, 2018 | Government Contracts

When your proposal submission deadline is looming, you might be tempted to save time by not reading parts of the RFP, like provisions incorporated by reference. That’s always a bad idea as we can see from a recent protest decision of the Government Accountability Office (GAO). The United States Secret…

The EU’s GDPR Will Affect Many US Businesses

On Behalf of Berenzweig Leonard, LLP | March 2, 2018 | Business Litigation

The European Union’s new General Data Protection Regulation (GDPR), which takes effect on May 28, 2018, automatically applies to the twenty-eight EU Member states and three EEA (European Economic Area) states. One of GDPR’s key features, “extraterritorial application,” affects all US companies with personnel in the EU (either permanently or…

Government Contractors Must Be Cautious in Selecting References

On Behalf of Berenzweig Leonard, LLP | February 21, 2018 | Government Contracts

Identifying “good” references on past government work is key to getting future work. Especially critical is the almost impossible job of confirming with those references that they actually will give the government that good reference. A recent GAO decision highlights the importance of confirming that a past performance reference will…

Q&A with Berenzweig Leonard’s Steve Britt on the Department of Defense Network Penetration Clause

On Behalf of Berenzweig Leonard, LLP | February 19, 2018 | Cybersecurity & Data Privacy

Cyberattacks are an increasing threat. Deputy Defense Secretary Patrick Shanahan said that the Pentagon wants to set the bar for protecting against cyber incidents “so high that it becomes a condition of doing business.” The DoD’s final rule on Safeguarding Covered Defense Information and Cyber Incident Reporting institutes new safeguards…

Formerly Small Business Not an Interested Party to Challenge Small Business Set-Aside Award

by Stephanie Wilson | February 19, 2018 | Business Litigation

Occasionally, a bidder’s size status changes during the course of a procurement. What happens if a bidder that was small when it submitted its initial proposal is no longer small when the agency requests size recertifications during the corrective action process? Will that bidder have standing to file a protest?…

Q&A with Berenzweig Leonard’s Steve Britt on the Department of Defense Network Penetration Clause

On Behalf of Berenzweig Leonard, LLP | February 19, 2018 | Cybersecurity & Data Privacy

Cyberattacks are an increasing threat. Deputy Defense Secretary Patrick Shanahan said that the Pentagon wants to set the bar for protecting against cyber incidents “so high that it becomes a condition of doing business.” The DoD’s final rule on Safeguarding Covered Defense Information and Cyber Incident Reporting institutes new safeguards…

Berenzweig Leonard Discusses GDPR at the CAPRE Data Center Forecast

On Behalf of Berenzweig Leonard, LLP | February 6, 2018 | Business Litigation , Firm News

Data center developers, investors, capital sources and colocation firms attended CAPRE’s 2018  Data Center Forecast on January 31, 2018 held at 1757 Golf Club in Ashburn, VA.  This important year-in-review and 2018 forecast reviewed the national data center outlook as well as the Mid-Atlantic outlook.  It again placed Virginia at…

Supreme Court Decides Tolling Provision “Stops the Clock”

by Stephanie Wilson | January 26, 2018 | Employment & Labor Law

In Artis v. District of Columbia, the U.S. Supreme Court issued a 5-4 decision with a significant impact on both employers and employees when it held that any statute of limitations on an employee’s state law claims are suspended during the pendency of a federal law suit in which the…

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