Attorney Kristi Morgan Aronica will deliver a webinar in March on record retention requirements in government contracting. Below is an overview of the course. It will be held on March 30, 2017 from 1:00-2:30 Eastern. You can register here. It is available for CLE, CPE, and NASBA credit. Government Record Retention: How Long Should You [..]
Arguing Enforceability Under the Theories of Implied in Fact and Oral Contract As can be found in commercial settings, in government contracts sometimes a vendor will perform without the agreement of the parties being memorialized in a written contract. Typically this scenario occurs when the supplier of the good or service has a base contract with [..]
Implied Certification in False Claims Act Cases Liability Under the False Claims Act (FCA) Implied certification is yet another potential trap of False Claims Act liability for the unwary contractor. This article will review a recent Supreme Court decision clarifying the issue of whether the government can recover on the theory of implied certification. First, though, a [..]
Intellectual Property Basics For Contractors A company’s intellectual property is one of its most important and lucrative assets. For vendors selling to the government understanding, protecting, and possibly negotiating ownership and use rights of data in federal procurements can be daunting. This article seeks to provide an overview of the rules around intellectual property ownership, use, [..]
Commercial Versus Noncommercial In Federal Procurement Contracts How Commercial Item Determinations Are Made Contracting officers have significant control over their procurements and with that wide discretion in determining the type of contract issued. One decision early on in the process contracting officers make is whether the procurement will be commercial or non-commercial. This classification has considerable implications for [..]
Attorney Kristi Morgan Aronica has been selected to join the Austin Bar/AYLA 2017 Leadership Academy. Kristi will join a group of attorneys in working to improve the Austin community. The Leadership Academy program runs from January through June of each year. Members will participate in an initial retreat, followed by a series of luncheons where they will [..]
Corrective Action Protests in Federal Procurements What Is Corrective Action? A remedy agencies often use to avoid or delay bid protests is corrective action. Normally taken when the agency believes it faces a strong protest, corrective action consists of the agency taking measures to correct the alleged procurement defect raised in the bid protest (or [..]
Federally Funded Construction Projects: The Davis-Bacon Act Applicability and Risks Federal contractors and their subcontractors performing construction services are subject to the requirements of the Davis-Bacon Act, a regulatory scheme to ensure that covered employees are paid certain wages and benefits when working on a federally funded construction project. Davis-Bacon Act (DBA) Compliance The Davis-Bacon Act applies [..]
Periodically we will post relevant regulatory updates on the laws affecting government contractors. Export Administration Regulations Removing Arms Embargoes Against Certain Countries In November 2016, the Bureau of Industry and Security issued a final rule terminating the arms embargoes against Liberia, Cote d’Ivoire, Sri Lanka, and Vietnam. Removal from the list of arms embargoed countries means that [..]
Lead by Mark A. Weitz and with the assistance of local counsel, Rey Ortiz, Weitz Morgan earned yet another victory in court against Plains Capital Bank. On December 2, 2016, the 357th Judicial District ruled in favor of Weitz Morgan’s client on its Motion for Summary Judgment and against Plains Capital Bank on its Counter [..]