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Nonconforming Restriction Markings May Result in Unlimited Rights in DoD Contracts
Once you have asserted rights restrictions on computer software (CS) and/or technical data (TD) that are required to be delivered under Department of Defense (DoD) contracts, the next step is to mark the TD/CS clearly and visibly with the appropriate markings before delivering it to the Government. Only the markings specified in the Defense Federal Acquisition Regulation Supplement (DFARS) are considered authorized for each type of right for DoD deliverables. Markings that di
Joe Whitcomb
2 days ago0 min read
Protecting a Contractor's Rights in their CS/TD Delivered under DoD Contracts
The Defense Federal Acquisition Regulation Supplement (DFARS) requires contractors to take specific procedural actions in a timely manner to safeguard their intellectual property rights in computer software (CS) and technical data (TD) in Department of Defense (DoD) contracts. These actions include asserting restrictions, marking the CS/TD with authorized legends, and providing justification for the marking. Specific steps are required before delivery, while others occur afte
Joe Whitcomb
2 days ago0 min read
Reporting and Following Up on Subject Inventions Made During a Government Contract
When working on a government contract, the contractor often produces one or more inventions. While research and development (R&D) contracts are more likely to involve invention-making, it can occur in any contract where the Government procures products or services. For example, this could involve the creation of a new product or enhancing an existing one, or developing a novel process or tools to carry out the required service. Under Federal Acquisition Regulation (FAR) 52.22
Joe Whitcomb
2 days ago0 min read
Differences Between a Pre-Challenge and Formal Challenge on CS and TD Markings
Under a Department of Defense (DoD) contract, computer software (CS) and technical data (TD) are examined by the U.S. Government, when delivered, for any restrictive markings. If found, the Government reviews the contract’s assertions list to verify that the CS/TD is listed on it as the contractor cannot deliver any data with restrictive legends unless it is on the list. At its discretion, the Government can issue a pre-challenge request for information if it has reasonable g
Joe Whitcomb
2 days ago0 min read
Bid Protest Based on Improper Determination of Best Value and OC
When soliciting quotations for services, a procuring agency has considerable discretion in defining its evaluation criteria and priorities. However, once a decision is made, the agency must adequately document the justification for the award. Failure to do so can result in a challenge by an unsuccessful offeror. An example is the bid protest by Guidehouse LLP with the Department of Homeland Security's contract award for financial support services. The protest involved two rou
Joe Whitcomb
2 days ago0 min read
Asking for Accommodations under Title I of the ADA
The Americans with Disabilities Act (ADA), a significant law passed in 1990 and revised in 2008, is a pivotal piece of legislation safeguarding the rights of individuals with both visible and invisible physical disabilities, as well as mental health conditions like autism and PTSD. It guarantees equal opportunities for people with disabilities to obtain employment, receive goods and services, and participate in government programs alongside others. Various federal agencies, i
Joe Whitcomb
2 days ago0 min read
Trademark Genericization: The Fate of Taco TuesdayHungry for tacos?
Hungry for tacos?
Joseph Whitcomb
2 days ago0 min read
Copyright Problems Arise from Generative Artificial Intelligence
Since ChatGPT’s launch in November 2022 by OpenAI, followed closely by other generative artificial intelligence (GenAI) platforms from various providers, these platforms have remained consistently in the public eye. In direct response to user-input prompts, these GenAI algorithms can craft novel content, including text, images, videos, audio, and computer code. These AI systems have already showcased their immense potential for generating fresh content, offering positive and
Joe Whitcomb
2 days ago0 min read


Transfer of SDVOSB-VOSB CVE Verification to SBA
Transfer of SDVOSB-VOSB Certification to SBA: What You Need to Know
Joe Whitcomb
2 days ago0 min read
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