Small Business

Is My Unregistered Mark Protected Under the Lanham Act?

While registering a mark with the U.S. Patent and Trademark Office is prima facie evidence of a valid and enforceable mark (and certainly recommended), registration is not required to garner trademark protection. Generally, to demonstrate trademark infringement, a plaintiff must show both (1) that it owns a valid and enforceable mark, and (2) that the use...
Read More

Two Recent GAO Decisions Demonstrate the Importance of Knowing How an Agency Plans to Evaluate the Past Performance and Experience of the Contracting Team

GAO recently published two bid protest decisions that address the issue of when contractors may rely on the past performance or experience of a contractor’s teaming partners, and how agencies can restrict that reliance. These two decisions demonstrate the importance of thoroughly reviewing solicitations to see how an agency plans to evaluate past performance...
Read More

Court of Appeals for the Federal Circuit: Boards Have Jurisdiction to Hear Appeals Notwithstanding Nontechnical Defect in Certification

In DAI Global LLC v. Administrator of the US Agency for International Development, the Court of Appeals for the Federal Circuit reversed a prior CBCA decision dismissing DAI’s appeals for lack of jurisdiction due to an allegedly defective CDA claim certification. In so doing, the Court upended a line of decisions holding that Boards...
Read More

FAR Part 4- Administrative Matters

Posted on January 20, 2020
Click here to listen as Partner Ryan Bradel explains what the FAR Part 4- Administrative Matters means for government contractors.  
Read More

New Rule Issued by the Department of Defense to Restrict Use of the LPTA Selection Process

On September 26, 2019, the Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to significantly restrict DOD's use of Lowest Price Technically Acceptable (LPTA) source selection procedures. The new rule, which went into effect on October 1, 2019, should not come as a surprise to federal government...
Read More

Domestic Preference & Sourcing Requirements in Federal Government Contracts

Over the past several months, we have seen a considerable increase in the number of clients who have contacted us seeking advice on how to navigate the domestic preference and sourcing requirements contained in their federal government contract(s). Recent inquiries include issues involving the Buy American Act, the Trade Agreements Act, and the Berry...
Read More