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Year: 2018

CLIENT ALERT: ASBCA: Government is Held to Commercial Computer Software License Not Reviewed or Approved by Contracting Officer

The recent ASBCA decision in CiyaSoft highlights the government’s responsibility to inquire about licensing terms and use reasonable measures to protect commercial software. However, it is still best practice to avoid such disputes by obtaining express agreement to licensing terms.

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3D Gun Legality After Defense Distributed Settlement, Ruling

SPM's Kelsey Wilbanks discusses 3D Gun Legality After Defense Distributed Settlement, Ruling 

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John Pachter quoted in Bloomberg Federal Contracts Report

John Pachter quoted in article in Bloomberg Federal Contracts Report about U.S. Supreme Court nominee Brett Kavanaugh.

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CLIENT ALERT: DCAA Claims Progress In Reducing Audit Backlog

CLIENT ALERT: On March 31, 2018, the Defense Contract Audit Agency ("DCAA") issued its Fiscal Year 2017 Annual Report to Congress, made public on May 21, 2018. The FY 2017 Report sets forth DCAA’s audit performance, recommendations to improve the audit process, and industry outreach activities.

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CLIENT ALERT: Department of Transportation Issues Final Rule to Encourage Public-Private Partnerships and Private Investment

CLIENT ALERT: On May 30, 2018, the Department of Transportation’s Federal Transit Administration  published a final rule creating new Private Investment Project Procedures (“PIPP”). The final rule, effective June 29, 2018, allows recipients of federal funding for public transportation capital projects to request a waiver or modification to FTA regulations.

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CLIENT ALERT: SBA Prepares for Upcoming Subcontractor Past Performance Pilot Program

CLIENT ALERT: In April, the Small Business Administration published a notice and request for comments on the new Subcontractor Past Performance Pilot Program.

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INSIGHT: GAO Reminds Pentagon: Use of OTAs Not Unfettered

SPM's Jonathan Shaffer and Todd Garland discuss a recent GAO decision sustaining a protest that challenged an award by the Department of Defense under its “other transaction” authority.

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EVENT: Government Contractors Forum: A Roadmap for Managing DCAA Audits

SPM's Stephen D. Knight will present at the Association of Corporate Counsel NCR Government Contractors Forum: A Roadmap for Managing DCAA Audits.  

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The Federal Government’s Other Transaction Authority

SPM's Armani Vadiee and Todd M. Garland discuss the Federal government’s “other transaction” authority in the April 2018 issue of Briefing Papers. 

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Chambers USA 2018: 8 Smith Pachter McWhorter PLC lawyers ranked as leaders in their practice areas

Chambers USA: America’s Leading Lawyers for Business recognizes 8 Smith Pachter McWhorter PLC lawyers and lists practice area groups as leaders in their field in its 2018 edition.

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Smith Pachter McWhorter Announces New Partner in White Collar Practice

SPM is pleased to announce that experienced white collar defense and government investigations attorney Cormac T. Connor has joined the firm as a partner.

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CLIENT ALERT: Mayberry Enterprises, LLC v. Dep't of Energy

The Civilian Board of Contract Appeals' recent decision in Mayberry Enterprises, LLC is a reminder that separate claims under the certification threshold may be presented to the government together in a single document without aggregating the claims and requiring certification.  
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SPM attorney winner of ABA Forum on Construction Law Trial Academy Writing Competition

SPM's Erica J. Geibel wins the ABA Forum on Construction Law Trial Academy Writing Competition and SPM's Todd M. Garland selected as a finalist.   

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CLIENT ALERT: NIST Releases Cybersecurity Framework Version 1.1 with Important Updates

The National Institute of Standards and Technology (“NIST”) released a new version of the Framework for Improving Critical Infrastructure Cybersecurity with important updates.

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EVENT: The World Bank Group and the Global Fight Against Corruption: Sanctions, Monitoring and Compliance Mentoring

SPM's Iris Bennett will speak at a DC Bar panel on World Bank sanctions, monitoring, and compliance mentoring on May 9, 2018.

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Contractors Beware: Disqualification When Key Personnel Become Unavailable

SPM's Todd M. Garland discusses recent bid protest decisions permitting agencies to reject proposals with key personnel become unavailable in the Washington Contractor annual awards issue. 
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Government Contracts Basics: Bid Protests Course - May 16, 2018 at DC Bar

SPM attorneys will teach a course at the DC Bar that addresses the procedural and substantive rules and practices governing bid protests.

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Smith Pachter McWhorter Congratulates Lawyers Recognized by Super Lawyers in 2018

Super Lawyers recognized seven SPM attorneys in its 2018 listings for their achievements and expertise in their areas of practice. 
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CLIENT ALERT: DoD Increases the Micro-Purchase Threshold, Simplified Acquisition Thresholds, and Special Emergency Procurement Authority

Client Alert:  DPAP issued a Class Deviation affecting the Micro-Purchase and Simplified Acquisition Thresholds, as well as associated Special Emergency Procurement Authority, for the Department of Defense.

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Stirring the Muddy Waters: The Federal Circuit's Decision in Securiforce Thickens the Confusion Surrounding Maropakis and Upsets Settled Law on Nonmonetary Claims

SPM's Richard C. Johnson and Ashley N. Barbera Amen discuss the Federal Circuit's recent decision in Securiforce in the March 13, 2018 Bloomberg BNA Federal Contracts Report.

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But I Thought I Won: Procurement Cancellation Under the Virginia Public Procurement Act

The Virginia Public Procurement Act (VPPA) includes a unique provision that differs substantially from the federal standard.  - Jonathan D. Shaffer and Todd M. Garland discuss procurement cancellation under the VPPA.

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John Marshall Cook inducted into the American College of Construction Lawyers

SPM congratulates John Marshall Cook on being inducted as a Fellow of the American College of Construction Lawyers.
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CLIENT ALERT: The GSA Releases Final Rule Concerning Unenforceable Terms in Commercial Supplier Agreements

Client Alert: The GSA published a final rule to rectify inconsistencies and ambiguities when contractors use Commercial Supplier Agreements.

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SPM Attorneys Present Panel to the DC Bar

SPM attorneys Dan Rounds, Owen Walker, and Ashley Amen presented a panel on Government Contract Basics: Claims and Disputes to the DC Bar.   

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FCPA Compliance and Enforcement Trends Annual Guide: January 2018

SPM's FCPA Compliance and Enforcement Trends Annual Guide: January 2018.

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CLIENT ALERT: Department of Defense issues Final Rule on Commercial Item determinations and price reasonableness.

Client Alert:  Department of Defense issues Final Rule on Commercial Item determinations and price reasonableness.  

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Client Alert: GSA Finalizes Rule for Off-Schedule Acquisitions

GSA publishes a new rule for off-schedule acquisitions under existing Federal Supply Schedule contracts. 

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Client Alert: GSA Proposes Cybersecurity Rules for 2018

GSA publishes plan to implement cybersecurity regulations governing information system security and cyber incident reporting.  

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Luna Innovations, Inc.: A Questionable ASBCA Decision On Stock Option Costs

Luna Innovations, Inc.: A Questionable ASBCA Decision On Stock Option Costs - Richard C. Johnson and Ashley N. Amen review the Armed Services Board of Contract Appeals’ recent decision in Luna Innovations, Inc.

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Law360 Features Kelsey Wilbanks’ Expert Analysis on 3D Printing and ITAR Case Defense Distributed

Law 360 has featured Kelsey Wilbanks’ expert analysis on Defense Distributed, a Fifth Circuit decision discussing 3D Printing and ITAR regulations.

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CLIENT ALERT: FY 2018 NDAA Acquisition Reform Highlights

Client Alert: Fiscal Year 2018 NDAA Acquisition Reform Highlights. Each year, Congress specifies the annual budget, establishes funding levels, and sets spending policies for the Department of Defense (DoD) though the National Defense Authorization Act (NDAA).

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SPM's Kelsey Wilbanks Quoted in Bloomberg Law Article on 3D Printing ITAR Case

Smith Pachter McWhorter attorney Kelsey Wilbanks was asked by Bloomberg Law to comment on a legal case involving 3D printing and its petition for certiorari to the Supreme Court.  

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Fifth Circuit Decision Reinforces Need for Anti-Kickback Act Compliance

Fifth Circuit Decision Reinforces Need for Anti-Kickback Act Compliance. By Smith Pachter McWhorter's John Pachter and Todd Garland. 

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Right of First Refusal: Smith Pachter McWhorter Successfully Represents Contractor in Breach of Contract Claim.

Right of First Refusal: Smith Pachter McWhorter Successfully Represents Contractor in Breach of Contract Claim. 

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