Private Party MEO Teammate Allowed Intervention To Protect Proprietary Information
Client Alert | 1 min read | 12.14.06
In the protest of a contract award to the Government's Most Efficient Organization (MEO) in an A-76 public/private procurement, the COFC granted MEO private team member Lockheed Martin Services, Inc.'s motion to intervene as a matter of right for the limited purpose of protecting its trade secrets and proprietary data (Northrop Grumman Information Technology, Inc. v. United States). The MEO did not have legal representation separate from the awarding agency, and the COFC concluded that Lockheed's interests were not adequately represented by agency counsel in the context of an A-76 procurement in which agency counsel must "wear multiple hats at the same time" and where agency counsel admitted that the "most comfortable" hat is representing the Source Selection Authority.
Insights
Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS). Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:
Client Alert | 4 min read | 04.18.24
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions
