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On June 27, 2018, in Appeal of CiyaSoft Corporation, the Armed Services Board of Contract Appeals held that the Government can be bound by terms of a commercial software license agreement that the contracting officer (CO) has neither negotiated nor seen.  CiyaSoft Corporation (CiyaSoft) submitted a claim asserting that the Army had breached its contract to purchase computer software by using more copies of the software than were permitted by the contract.  The Army…
On Thursday, December 11 at 1 PM Eastern, join our Crowell & Moring attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key principles governing the rules and regulations relating to rights in technical data, computer software, and patents. Participants will also pick up practical pointers to help contractors avoid traps for the…
Last month, the Federal Circuit decided a case over 70 years in the making.  Following the bombing of Pearl Harbor in 1941 and full-scale U.S. entrance into World War II, the government entered into a series of contracts with oil companies to ramp up production of aviation gasoline (“avgas”) desperately needed for the war effort.  But along with increased production came increased waste and toxic byproducts, notably spent alkylation acid and “acid sludge.”  Safe waste…
On Wednesday, April 23rd at 1 PM Eastern, join our government contracts attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key principles governing the rules and regulations relating to rights in technical data, computer software, and patents. We will include a discussion of recent and impending changes to these rules, particularly as…
On September 19, 2013, bid protest attorneys Amy O’Sullivan, Jonathan Baker, and Olivia Lynch will once again be teaching the “Bid Protests: Practice, Procedure and Strategy” course for Federal Publications Seminars. This full-day, CLE-eligible, seminar focuses on practice, procedure, and strategy for protests litigated at the agency-level and before the U.S. Government Accountability Office and the U.S. Court of Federal Claims. More details about the course and on-line registration are available at: http://www.fedpubseminars.com/Government-Contracting/Bid-Protests-Practice-Procedure-and-Strategy/.  …
Over recent months, NASA’s plan to replace the space shuttle with commercial space lift has encountered some turbulence. Optimists insist that NASA’s transition to commercially-operated manned spaceflight is inevitable given the ingenuity of public private partnerships, the remarkable opportunities for profit, and the lessons of history. While this may be true, the development of a robust, commercially-viable spaceflight industry involves substantial risk and numerous unknowns. This blog explores in broad strokes the current status and…
The Civilian Board of Contract Appeals reminded us last week how unforgiving the Board’s timeliness rules can be for unsuspecting contractors.  In Schunck v. General Services Administration, January 31, 2013, CBCA No. 3079, the Board dismissed the appellant’s case because it was not timely filed under the Contract Disputes Act (CDA), 41 U.S.C. § 7101, et seq.  The CDA states that an appeal of a final contracting officer’s decision must be filed “[w]ithin ninety…
At 1:00 p.m. (Eastern) on September 13, 2012, Crowell & Moring attorneys John McCarthy and Jon Baker will conduct a webinar on behalf of L2 Federal Resources entitled “Intellectual Property Rules in Government Contracts: Know Your Technical Data and Patent Rights.” This 90-minute webinar will provide an overview of the key principles governing the allocation of rights in technical data, computer software, and patents. We will discuss changes to the treatment of commercial items, statutory…
At 1:00 p.m. EDT on March 29, 2012, Crowell & Moring partner John McCarthy and Jon Baker will conduct a webinar on behalf of L2 Federal Resources entitled “Intellectual Property Rights in Government Contracts: Overview and Recent Changes.” This 90-minute webinar will provide an overview of the key principles governing the allocation of rights in technical data, computer software, and patents. Additionally, we will discuss the National Defense Authorization Act for FY 2012’s changes to the intellectual…