Follow Joe Whitcomb’s legal blogs where he regularly posts new articles affecting government contractors and their dealings with the federal government.  Below are our most recent posts.

GAO bid protests rigid rules

Bid Protests and Rigid Rules

Your Brilliant Grounds for Bid Protests Won’t Matter if You Don’t Follow Strict Procedural Rules When filing GAO bid protests, Strict Compliance with its Regulations is Required. The importance of knowing and understanding the GAO’s rules for bid protests cannot be understated.  The GAO strictly adheres to its regulations – including sending protest filings to the […]

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change orders and time extensions

Change Orders and Time Extensions: Sound Off Early and Often

K-CON BUILDING SYSTEMS, INC., v. US K-Con appealed a federal Claims Court decision to the US Court of Appeals for the Federal Circuit.  The contractor brought to separate claims on appeal: 1) the liquidated damages clause that appeared in the contract was unenforceable; 2) the federal Claims Court erred in its ruling that it did […]

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CVE determination

USCOFC Overturns CVE Determination Revoking SDVOSB Status

Is it valuable to protest a CVE determination with the U.S. Court of Federal Claims? On October 10, 2014, the U.S. Court of Federal Claims granted construction company Ambuild’s summary judgment motion in its protest against the CVE and the VA’s OSBDU.  According to the case Ambuild Co. LLC v. United States, the protest began […]

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International Patent

Interdigital Loses On International Patent Issue…Again

Inside an ITC International Patent Dispute Last week, the U.S. International Trade Commission (“ITC”) upheld, with modifications, its Administrative Law Judge’s (“ALJ”) June findings that neither ZTE Corp.’s devices nor Nokia’s phones (now made by Microsoft Corp.) violated InterDigital Inc.’s international patent rights. The ITC stated that it would release the reasoning in more detail […]

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copyright infringement

Youtube Advertising and Copyright Infringement

Can advertising on Youtube lead to copyright infringement? YouTube, the ubiquitous video-sharing website now owned by Google, has become a launching ground for individuals and businesses seeking to increase their recognition.  Many international businesses have used the site as an inexpensive means of international marketing.  An effective YouTube channel or video can reach potential customers across […]

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research funds award

Advanced Photon Falls Short For Small Business Research Funds Award

Bid protests for research funds award On Tuesday, the Government Accountability Office (“GAO”) denied Advanced Photon Applications’ (“APA”) bid protest. APA took exception to the Department of the Army’s decision not to award it Phase I research funds under the Department of Defense’s (“DOD”) Small Business Innovation Research funds program. Small Business Innovation Research Program Federal […]

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stay on cease and desist

U.S. International Trade Commission Issues Groundbreaking Stay on Cease and Desist

Why did the USITC issue a stay on a cease and desist order? On June 11, 2014, the United States International Trade Commission (“Commission”) issued a stay of a cease and desist order (“CDO”) for the first time in its history. The stay was issued in In the Matter of Certain Digital Models, Digital Data, […]

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offensive trademark

Is The Washington Redskins Logo Offensive? Is That Enough To Cancel Its Trademark?

When is a logo offensive enough to prevent registration with the USPTO? The Washington Redskins are the professional football team located in Washington D.C.  Forbes Magazine ranks the Redskins as the third most valuable franchise in the National Football League (NFL), and as of 2013 they were valued at approximately $1.6 billion. In addition, the […]

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technically acceptable past performance

Experience and Past Performance Factors: Technically Acceptable When Essentially Absent

It appears that no past performance and old experience can still rise to the level of “technically acceptable.” Recently, the Government Accountability Office (“GAO”) returned from the Labor Day Holiday to determine whether the Department of the Army properly picked its role play partner. The Army’s Request for Proposals (“RFP”) sought offers to provide civilians […]

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