On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s Federal Supply Schedule (FSS) agreement with the Food and Drug Administration (FDA). Continue Reading Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction
Todd Overman
Todd Overman is the chair of the firm’s Government Contracts practice and Managing Partner of the Washington, D.C. office. He has over twenty years of experience advising companies on the unique aspects of doing business with the federal government. Over the last decade, he has advised on more than 50 transactions involving the purchase or sale of a government contractor.
Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP). Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
Department of Defense Publishes Long-Awaited CMMC Proposed Rule
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors.Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule
[WEBINAR] Build, Buy, Thrive: A Manufacturer’s Guide to Success in Federal Projects
I am looking forward to discussing the Build America Buy America Act during a Tennessee Apex Accelerator webinar on Wednesday, January 24, 2024.Continue Reading [WEBINAR] Build, Buy, Thrive: A Manufacturer’s Guide to Success in Federal Projects
[WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful Partnerships
A key aspect of SBA’s All Small Mentor Protégé Program (ASMPP) is the opportunity for mentors and protégés to form joint ventures to bid together on federal contracts and qualify as a small business.Continue Reading [WEBINAR] SBA ASMPP Joint Ventures: Best Practices for Successful Partnerships
New Rule Seeks to Streamline DoD Commercial Product and Service Procurements
On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are inapplicable to DoD commercial item procurements, including acquisitions of commercial off-the-shelf items and commercial services. The changes aim to reduce barriers to entry and administrative burden for nontraditional defense contractors and streamline DoD procurement of innovative technologies from the private sector.Continue Reading New Rule Seeks to Streamline DoD Commercial Product and Service Procurements
New Requirements for Government Contractors and Joint Ventures
I recently authored an article for Law360’s Expert Analysis column outlining a joint notice issued by the Information Security Oversight Office (ISOO), which offers guidance to government contractors regarding entity eligibility determination (EED) requirements for joint ventures.Continue Reading New Requirements for Government Contractors and Joint Ventures
New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the Cognizant Security Agency (CSA) is responsible for determining which entities are required to hold an Entity Eligibility Determination (EED), also known as a Facility Clearance (FCL), and providing specific guidance as to which entities must possess EED in different scenarios. Continue Reading New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures
GAO’s 2023 Bid Protest Report: More Than Meets the Eye
On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. Continue Reading GAO’s 2023 Bid Protest Report: More Than Meets the Eye
GAO Assesses Health of the Defense Industrial Base
The health of the Defense Industrial Base (DIB) has been brought to the fore as the United States responds to wars in Ukraine and Israel. Unfortunately, according to the National Defense Industrial Association’s “Vital Signs” report, the U.S. DIB faces numerous challenges due to limited capacity to surge production, political obstacles to defense budgeting, and labor challenges. Continue Reading GAO Assesses Health of the Defense Industrial Base