Relying on a Parent's Experience and Resources in Your Proposal? Some Explanation Required
Client Alert | less than 1 min read | 01.21.16
In Deloitte Consulting, LLP (Nov. 16, 2015), GAO disapproved of the agency crediting a subsidiary with the experience of its corporate parent when the subsidiary's proposal said little more than it receives substantial support from the parent and did not identify which resources and experiences related to which entity. GAO also ruled that, merely because the corporate parent novated to its subsidiary the Federal Supply Schedule contract and blanket purchase agreement under which the contract was awarded, it did not mean that the subsidiary "successor in interest" necessarily had the same resources or experience as its predecessor.
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In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act.
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Supreme Court Oral Argument on Presidential Tariff Authority
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