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The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government contract in order to protect it from unauthorized use, release or disclosure by both the Government and third parties. The provisions that govern this area may differ depending on the agency and contracting vehicle used. The regulations in the Federal Acquisition Regulation (“FAR”) and the Department of Defense (“DoD”) FAR Supplement (“DFARS”) do not spell out all of the various kinds of legends that might be used to mark data. DFARS 252.227-7013, the noncommercial technical data rights clause applicable to DoD contracts, identifies four types of rights – Unlimited Rights, Government Purpose License Rights (“GPLR”), Limited Rights (“LR”), and Specifically Negotiated License Righ
USA
December 23 2020
The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government contract in order to protect it from unauthorized use, release or disclosure by both the Government and third parties.. The provisions that govern this area may differ depending on the agency and contracting vehicle used. The regulations in the Federal Acquisition Regulation (“FAR”) and the Department of Defense (“DoD”) FAR Supplement (“DFARS”) do not spell out all of the various kinds of legends that might be used to mark data. DFARS 252.227-7013, the noncommercial technical data rights clause applicable to DoD contracts, identifies four types of rights – Unlimited Rights, Government Purpose License Rights (“GPLR”), Limited Rights (“LR”), and Specifically Negotiated License Rights (“SNLR”) – and provides markin
5 Key Bid Protest Decisions Of 2020
USA December 23 2020
In 2020, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Government Accountability Office issued five decisions worthy of particular note:
Inserso Corp. v. U.S.[1]
Teledyne Brown Engineering Inc.[2]
Kiewit Infrastructure West Co. v. U.S.[3]
LAX Electronics Inc. v. U.S.[4]
Centerra Integrated Facilities Services LLC.[5]
This article provides a brief overview of these five cases and discusses how they might shape the bid protest landscape going forward.[6]
Inserso
The Facts
In March 2016, the Defense Information Systems Agency posted the Encore III solicitation for indefinite-delivery, indefinite-quantity contracts for IT services. The competition was divided into two suites: one for full and open competition and the other restricted to small businesses.