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Six Important 2017 Government Contracting Decisions

The next six newsletters will contain articles regarding important government contracting decisions from 2017. The articles will include a review of the following:

  • Technology Systems, Inc., ASBCA No. 59577, 17-1 BCA ¶ 36,631 (the DCAA disallowed expenses following an audit);

  • Garco Construction, Inc. v. Secretary of the Army, 856 F. 3d 938 (Fed Cir 2017) (involving access to a military facility where the contract was to be performed);

  • United States ex rel. Harman v. Trinity Industries, Inc., 872 F.3d 645 (5th Cir. 2017) (a False Claim Act case);

  • United States ex rel. Vavra v. Kellogg Brown & Root, Inc., 848 F.3d 366 (5th Cir. 2017) (involving holding contractors liable for the acts of employees under the Anti-Kickback Act); and,

  • Lee's Ford Dock, Inc., ASBCA No. 59041, 16-1 BCA ¶ 36,298 (a case regarding contract “reformation”).

We hope the articles are useful and enlightening.

Do Vendor Lists Qualify as “Technical Data” in Government Contracts?

Do Vendor Lists Qualify as “Technical Data” in Government Contracts?

Rights in technical data (TD) are becoming increasingly important in government contracting. The Government seeks to acquire and use TD in the...

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Government Challenges Privately Developed Commercial Data’s Restrictive Markings

Government Challenges Privately Developed Commercial Data’s Restrictive Markings

In late November 2022, the Armed Services Board of Contract Appeals (ASBCA) ruled that the U.S. Government can mount a validation challenge against...

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Benefitting the Public Using the Department of Defense’s Technology Transfer Program

Generative Artificial Intelligence Creates Copyright Issues

Since ChatGPT was released in November 2022 by OpenAI and quickly followed by other generative artificial intelligence (GenAI) platforms from other...

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