Year: 2013

Email is Not Private

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12/19/2013Genzler, Patrick A.

Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when… Read more »

ASBCA Holds that of Contracting Officer’s Decision does Preclude Appeal Challenging Performance Evaluations

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12/09/2013Lowenstein, Neil S.

Authored by attorney Neil S. Lowenstein In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for… Read more »

Can I File a Bid Protest over an IDIQ Task Order?

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09/27/2013Mazzeo, Anthony J.

Authored by attorney Anthony J. Mazzeo You’ve successfully been awarded a Multiple Award contract with a Federal Agency and have earned a “seat at the table” for the forthcoming Indefinite Delivery Indefinite Quantity Task Order competitions.  We know that those Task Order Requests for Proposals require just as much effort on your part as the… Read more »

Claims Relating to Violations of Moving and Hauling Permits

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07/11/2013Vandeventer Black

Violations of moving and hauling permits can be expensive for construction companies.  The local police usually consider the permit to be invalid if any of the requirements of the permit are violated.  In those cases, the police impose penalties based on the general weight limitations and not the weight established in the permit.  This can… Read more »

Risks of Indemnification Clauses

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07/11/2013Genzler, Patrick A.

Authored by attorney Patrick A. Genzler Virtually all construction contracts and subcontracts contain an “indemnification” provision, which obligates one party to the agreement – the “indemnitor” — to “indemnify” or to pay certain liabilities that the other party – called the “indemnitee” – may incur during the contracted work.  Indemnification agreements are one of the… Read more »

Worker’s Compensation in Virginia: Employer Basics

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07/03/2013Caramore, Megan

Authored by attorney Megan B. Caramore Under Virginia’s Workers’ Compensation Act, employers have certain obligations to their employees.  Below is a list of the basic information that every employer should keep in mind. An employer who regularly employs three or more full-time or part-time employees is required to purchase and maintain workers’ compensation insurance.  Employers… Read more »

Court Questions Teaming Agreement

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06/28/2013Sterling, Michael L.

Authored by attorney Michael L. Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514 (Va. 1997) the court held a teaming agreement was unenforceable on the ground that “agreements to agree in the future” are “too vague and too indefinite to be enforced.” However, the case provided a “road map” of… Read more »

Protect Your Brand Name from Infringing Domain Names by Registering With the New Trademark Clearing House

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05/18/2013Tucker, Jane D.

Authored by attorney Jane D. Tucker On March 26, 2013 the Trademark Clearinghouse (“TMCH”) was launched by the Internet Corporation for Assigned Names and Numbers (“ICANN”).  Owners of registered trademarks can register those trademarks with TMCH.  The TMCH trademark registration system is designed to prevent the unauthorized use of registered trademarks in the new generic top-level… Read more »

Proposed Rule on the Detection and Avoidance of Counterfeit Electronic Parts in Government Contracting

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05/17/2013Eaton, Jennifer L.

Authored by Summer Clerk, Jenny Eaton On May 16, 2013 the Department of Defense (“DoD’) released a proposed rule to modify the Defense Federal Acquisition Regulation Supplement (“DFARS”). This proposed rule relates to the detection and avoidance of counterfeit electronic parts. The purpose of the rule is to hold contractors accountable for detecting and avoiding… Read more »