Jonathan M. Baker is a counsel in Crowell & Moring's Washington, D.C. office. He practices in the Government Contracts Group.
Jon advises clients on a wide array of government contracts legal issues, including both federal and state bid protests, prime-sub disputes, government contracts due diligence and transactions, regulatory compliance, and contract terminations. Jon's practice has a notable emphasis on technology-related issues, including counseling clients in the areas of patent and data rights, responding to government challenges to technical data and computer software rights assertions, and litigating cases involving complex and cutting edge technologies. Jon also provides guidance on national security matters, such as National Industrial Security Program Operating Manual compliance and facility and security clearance matters. In addition, Jon has advised clients on internal and government investigations regarding potential False Claims Act issues and export violations. Jon is also actively involved in the firm's pro bono program, having litigated prisoner neglect, parental rights termination, and landlord-tenant matters.
Prior to attending law school, Jon served on active duty for six years as an officer in the U.S. Air Force.
Representative Engagements
Published Bid Protest Decisions
Representing Protester
- Won protest of $8 billion Defense Logistics Agency contract for the supply and distribution of subsistence products to locations within Afghanistan. Supreme Foodservice GmbH, B-405400.3, et al., Oct. 11, 2012, 2012 CPD ¶ 292.
- Successfully overturned military agency's decision to proceed with contract performance in the face of a GAO protest. Supreme Foodservice GmbH v. United States, 109 Fed. Cl. 369 (2013).
- GAO sustained protest filed by Crowell & Moring, finding that CMS failed to (1) conduct a reasonable evaluation of the awardee's proposed labor costs; (2) respond to the protester's challenges to the technical evaluation; and (3) produce documentation or otherwise explain how it evaluated the relevance of each offeror's past performance. TriCenturion, Inc.; SafeGuard Sys., LLC, B-406032, et al., Jan. 25, 2012.
- Successfully protested Department of State task order award under the Federal Supply Schedule for vehicle and cargo inspection systems where awardee included price for non-schedule items in the price of schedule items. Rapiscan Systems, Inc., B-401773, et al., Mar. 15, 2010.
Representing Contract Awardee/Intervener
- Defended the FAA's award of an $81 million contract to modernize information systems throughout the National Airspace System. Exelis, Inc., 15-ODRA-00727.
- Defeated protest of the Department of the Navy's $3.5 billion award for Next Generation Enterprise Network IT services. Harris IT Servs. Corp., B-408546.2, Oct. 31, 2013, 2013 CPD ¶ 245.
- Beat protest of $320 million contract award made by the Centers for Medicare and Medicaid Services for the establishment of a centralized coordination of benefits and Medicare secondary payer recovery operation. IntegriGuard, LLC d/b/a HMS Federal, B-407691.3, B-407691.4, Sept. 30, 2013, 2013 CPD ¶ 241.
- Successfully defended protest of $330 million Centers for Medicare and Medicaid Services award for Medicare administrative contractor services. Wisconsin Physicians Service Insurance Corp., B-401068.14 et al., Jan. 16, 2013, 2013 CPD ¶ 34.
- Successfully defended the Department of the Army's $450 million award for the technology development phase of the Ground Combat Vehicle/Infantry Fighting Vehicle program. Science Applications Int'l Corp., B-405612, et al., Dec. 5, 2011, 2011 CPD ¶ 8.
- Successfully defended U.S. Coast Guard award to a C&M client for a $40 million design/build construction project. TtEC-TESORO, JV, B-405313 et al., 2012 CPD ¶ 2 (Oct. 7, 2011).
- Successfully defended a Department of Homeland Security, Customs & Border Protection award of an approximately $25 million contract for mobile X-ray systems. Smiths Detection, Inc.; Am. Sci. & Eng'g, Inc., B-402168.4, et al., Feb. 9, 2011.
- Successfully defended an approximately $80 million Department of the Army award for the production of M67 fragmentation hand grenades where two protesters challenged the agency's technical evaluations and conduct of discussions. Martin Elecs., Inc.; AMTEC Corp., B-404197, et al., Jan. 19, 2011.
- Successfully defended over $240 million Department of Health & Human Services award for health insurance benefit administrative services against numerous challenges to the agency's technical, past performance, and cost evaluations and conduct of discussions.Highmark Medicare Servs., Inc.; Cahaba Gov't Benefit Adm'rs., LLC, Nat'l Gov't Servs., Inc., B-401062.5, et al., Oct. 29, 2010.
Claims & Investigations
- Represented major defense contractor in connection with contractor's claim for indemnification for environmental remediation costs and toxic tort litigation expenses.
- Represented major defense contractor in investigation regarding potential export violations.
- Represents contractors in connection with government investigations with potential False Claims Act implications.
Government Contracts Due Diligence & Transactions
- Performed buyer-side government contracts due diligence for a number of government contracts clients, with a special emphasis on transactions involving complex government contracts intellectual property issues.
- Advised companies acquiring cleared government contractors or undergoing corporate restructuring on maintaining or obtaining facility security clearances.
Affiliations
Admitted to Practice: District of Columbia, Virginia, United States Court of Federal Claims, United States District Court for the Eastern District of Virginia
Highlights, News & Knowledge
Speeches & Presentations
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"The Shifting Sands of Government IP," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: John E. McCarthy Jr., Karen C. Hermann, and Jonathan M. Baker.
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"What Will the New Year (and Administration) Bring for Government Contractors?" Crowell & Moring First 100 Days Webinar, Washington, D.C.
(January 25, 2017).
Presenters: Crowell & Moring Government Contracts Group.
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"Rights in Technical Data & Computer Software: Maximize Your IP Investment," Presentation to National Contract Management Association World Congress
(July 25, 2016).
Panelists: Jonathan M. Baker, John E. McCarthy Jr., et al.
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"The Changing Landscape of Government Intellectual Property," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: John E. McCarthy Jr.; Panelists: Jonathan M. Baker and Joelle Sires.
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"What Will the New Year Bring," Crowell & Moring Webinar, Washington, D.C.
(January 14, 2016).
Presenters: Crowell & Moring Government Contracts Group.
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“Government Contracts Intellectual Property – Preventing and Responding to Government Data Rights Challenges,” Presentation to National Contract Management Association
(October 8, 2015).
Presenters: John E. McCarthy Jr., Jonathan M. Baker, et al.
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"Protecting Your Intellectual Property from the Government's Assault," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: John E. McCarthy Jr.; Panelists: Jonathan M. Baker and Joelle Sires.
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"How Government Contractors Can Protect Their Intellectual Property Rights," AOC Key Solutions, Keys to Winning Podcast for Government Contractors
(March 24, 2015).
Speakers: John E. McCarthy Jr. and Jonathan M. Baker.
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"Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights," Thompson Information Services Webinar
(December 11, 2014).
Presenters: John E. McCarthy, Jr., Jonathan M. Baker, Joelle Sires, and Ali Hossein Khan Tehrani.
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"Government IP – The Rules Keep A Changing," OOPS 2014, Crowell & Moring's 30th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 13-14, 2014).
Moderator: John E. McCarthy Jr.; Presenters: Jonathan M. Baker and Derek R. Mullins.
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"The Pendulum Continues to Swing the Wrong Way for Contractors: The Government's Continued Assault on Contractor Intellectual Property," OOPS 2013, Crowell & Moring's 29th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 15-16, 2013).
Moderator: John E. McCarthy Jr.; Presenters: Jonathan M. Baker and Jacinta Alves.
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"Intellectual Property Rights in Government Contracting: A Review of the Key Regulations Affecting DOD and Civilian-Agency Procurements and Significant Recent Developments," Presentation to National Contract Management Association, Free State Chapter
(January 17, 2013).
Presenters: John E. McCarthy Jr., Jonathan M. Baker, and Derek R. Mullins.
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"Intellectual Property Rules in Government Contracts: Know Your Technical Data and Patent Rights," Crowell & Moring Webinar
(September 13, 2012).
Co-Presenters: John E. McCarthy Jr. and Jonathan M. Baker.
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"Stanford v. Roche and What It Means for the Bayh-Dole Act and Contractors," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C.
(May 9-10, 2012).
Speaker: Jonathan M. Baker.
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"Intellectual Property Rules in Government Contracts: Overview & Recent Changes," L2 Federal Resources Webinar
(March 29, 2012).
Co-Presenters: John E. McCarthy Jr. and Jonathan M. Baker.
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"Developments in Government Contractor Intellectual Property Rights," One Ounce of Prevention Seminar (OOPS) XXVII
(May 25-26, 2011).
Moderator: John E. McCarthy. Speakers: Jonathan Baker and Alexina G. Jackson.
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"Compliance Check-Up: Ten Questions Contractors Should Be Prepared to Answer," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C.
(May 26-27, 2010).
Presenters: Shauna E. Alonge and Jonathan M. Baker.
Publications
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"Government Contracts Bid Protests: A Practical and Procedural Guide, 2015 ed." Thomson Reuters.
Contributors: Amy Laderberg O'Sullivan, Jonathan M. Baker, Olivia L. Lynch.
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"Government Data Rights Challenges: Tips on How to Avoid & Respond," Contract Management
(November 2015).
Co-Authors: Jonathan M. Baker, Shawn Haque, John E. McCarthy Jr., & Aaron Raddock.
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"Federal Circuit Requires Government to Indemnify Contractors for CERCLA Remediation Costs Based on 'Taxes' Provision in WWII Contracts," Crowell & Moring's Government Contracts Legal Forum
(May 13, 2014).
Co-Authors: Robert J. Sneckenberg, Jonathan M. Baker, Stephen J. McBrady, and Thomas P. Humphrey.
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"Commercial Space Flight: Recent Turbulence and Promising Future?" Crowell & Moring's Government Contracts Legal Forum
(June 5, 2013).
Co-Authors: Raymond F. Monroe, Gerald F. Murphy, Jonathan Linde, Paul Alp, Stephen J. McBrady, and Jonathan M. Baker.
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"NIST Now 'King of the Hill' on Cyber Standards," Crowell & Moring's E-Discovery Law Insights
(May 15, 2013).
Co-Authors: David Z. Bodenheimer, Jonathan M. Baker, and Gordon Griffin.
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"Last Day Filings at the CBCA: Time is Not on Your Side," Crowell & Moring's Government Contracts Legal Forum
(February 6, 2013).
Co-Authors: Raymond F. Monroe and Jonathan M. Baker.
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"Government Contracts Bid Protests: A Practical and Procedural Guide," West Publications
(2012-2013 Edition).
Contributors: Amy Laderberg O'Sullivan and Jonathan M. Baker.
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"Information Security for Federal Agencies & Contractors," Briefing Papers, Second Series
(February 2012).
Co-Authors: David Z. Bodenheimer and Jonathan M. Baker.
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"Intellectual Property: High Noon for Bayh-Dole?" BNA Federal Contracts Report
(March 2011).
Co-Authors: John E. McCarthy Jr. and Jonathan M. Baker.
Client Alerts & Newsletters
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"DFARS Deviation Removes “Technical Interchange” Requirement for IR&D Cost Allowability,"
Government Contracts Bullet Points
(September 25, 2017).
Contacts: Terry L. Albertson, John E. McCarthy Jr., Stephen J. McBrady, Jonathan M. Baker, Skye Mathieson, Elizabeth Buehler
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"Attention Security Managers and FSOs,"
Government Contracts Bullet Points
(July 5, 2017).
Contacts: David B. Robbins, Adelicia R. Cliffe, Jonathan M. Baker, Mark Ries
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"Nothing to Discuss: COFC Denies Protest to Exchanges with Offerors in Massive FirstNet Procurement,"
Government Contracts Bullet Points
(April 6, 2017).
Contacts: Daniel R. Forman, James J. Regan, Jonathan M. Baker, Hart W. Wood
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"Government Liable for $99 Million in Indemnification Under Government Contracts,"
Government Contracts Bullet Points
(January 26, 2017).
Contacts: Stephen J. McBrady, Jonathan M. Baker, Skye Mathieson
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"Final Rule Requires Technical Interchange for IR&D Cost Allowability,"
Government Contracts Bullet Points
(November 14, 2016).
Contacts: Terry L. Albertson, John E. McCarthy Jr., Stephen J. McBrady, Jonathan M. Baker, Elizabeth Buehler
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"Air Force Award Downed by Inadequate OCI Assessment,"
Government Contracts Bullet Points
(September 15, 2016).
Contacts: Daniel R. Forman, Mark Ries, Jonathan M. Baker
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"OMB Releases Final Federal Source Code Policy,"
Government Contracts Bullet Points
(August 12, 2016).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"DoD Proposes Significant Amendments to the DFARS Data Rights Scheme,"
Government Contracts Bullet Points
(June 27, 2016).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"GSA Proposes to Codify Override of Some Commercial Terms,"
Government Contracts Bullet Points
(June 7, 2016).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"Department of Defense Adds New Requirements to National Industrial Security Program Operating Manual,"
Government Contracts Bullet Points
(June 3, 2016).
Contacts: David Z. Bodenheimer, Evan D. Wolff, Maida Oringher Lerner, Mark Ries, Jonathan M. Baker
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"Offerors Beware: Exceptions to Data Rights Requirements May Prove Fatal,"
Government Contracts Bullet Points
(February 3, 2016).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"GSA Class Deviation Takes Aim at Commercial Terms,"
Government Contracts Bullet Points
(August 26, 2015).
Contacts: Lorraine M. Campos, Peter Eyre, John E. McCarthy Jr., Jonathan M. Baker
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"Non-Offeror Has Standing, and FAR Part 12 Commercial Item Restrictions Apply to GSA Schedule Procurements,"
Government Contracts Bullet Points
(March 12, 2015).
Contacts: John E. McCarthy Jr., Jonathan M. Baker, Skye Mathieson, Jason M. Crawford
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"White House Authorizes Indemnification for Ebola Contracts,"
Government Contracts Bullet Points
(November 17, 2014).
Contacts: Thomas P. Humphrey, Jonathan M. Baker, Stephen J. McBrady
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"Galactic Foresight Required: NASA's Proposed Rule Limits Advance Waivers to Yet-to-Be-Conceived Inventions,"
Government Contracts Bullet Points
(October 23, 2014).
Contacts: John E. McCarthy Jr., Jonathan M. Baker, Ali Tehrani
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"Payback: Federal Circuit Requires Government to Reimburse under WWII-Era Indemnification Clauses,"
Government Contracts Bullet Points
(May 15, 2014).
Contacts: Stephen J. McBrady, Jonathan M. Baker, Thomas P. Humphrey, Robert J. Sneckenberg
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"No Fun(ding): GAO, Courts, and Boards Describe Operations During Government Shutdown,"
Government Contracts Bullet Points
(October 1, 2013).
Contacts: John E. McCarthy Jr., Stephen J. McBrady, Jonathan M. Baker
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"Commercial Space Flight -- Navigating the Gravitational Pull of Budget Cuts,"
Government Contracts Bullet Points
(June 10, 2013).
Contacts: Stephen J. McBrady, Jonathan M. Baker
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"NIST Now "King of the Hill" on Cyber Standards,"
Government Contracts Bullet Points
(May 14, 2013).
Contacts: David Z. Bodenheimer, Jonathan M. Baker
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"Cybersecurity Gets a Presidential Push in New EO,"
Government Contracts Bullet Points
(February 14, 2013).
Contacts: David Z. Bodenheimer, Jonathan M. Baker, Kate M. Growley
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"CFC Rejects Taxes Clause as Basis for Recovering Environmental Remediation Costs,"
Government Contracts Bullet Points
(January 25, 2013).
Contacts: Stephen J. McBrady, Jonathan M. Baker
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"Not So Fast: Federal Circuit Reverses CFC Decision Limiting Indemnification Rights,"
Government Contracts Bullet Points
(January 17, 2013).
Contacts: Stephen J. McBrady, Jonathan M. Baker
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"FY 2013 NDAA Shines a Spotlight on Contractor Indemnification,"
Government Contracts Bullet Points
(January 4, 2013).
Contacts: Stephen J. McBrady, Jonathan M. Baker
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"Government Claims for Clean-Up Costs Related to Cold-War-Era Contracts Rebuffed,"
Government Contracts Bullet Points
(October 10, 2012).
Contacts: Jonathan M. Baker, Stephen J. McBrady
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"The FAR Regulators Enter the Cyber Fray,"
Government Contracts Bullet Points
(August 28, 2012).
Contacts: David Z. Bodenheimer, Peter Eyre, Jonathan M. Baker
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"GAO Rejects Cooperative Agreements Dodge,"
Government Contracts Bullet Points
(August 27, 2012).
Contacts: Daniel R. Forman, Jonathan M. Baker
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"A Galaxy (Not) FAR Away? NASA Awards New Contracts in Space Privatization Program,"
Government Contracts Bullet Points
(August 17, 2012).
Contacts: Stephen J. McBrady, Jonathan M. Baker
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"Flawed Discussions Nixes Award,"
Government Contracts Bullet Points
(June 11, 2012).
Contacts: Daniel R. Forman, Jonathan M. Baker
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"Cyber Regs Toughened Up,"
Government Contracts Bullet Points
(March 13, 2012).
Contacts: David Z. Bodenheimer, Jonathan M. Baker
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"Inadequate Documentation Dooms Cost Realism Evaluation,"
Government Contracts Bullet Points
(February 14, 2012).
Contacts: Daniel R. Forman, Jonathan M. Baker
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"Cyber on the Hill,"
Government Contracts Bullet Points
(February 8, 2012).
Contacts: David Z. Bodenheimer, Jonathan M. Baker
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"NASA Pushes FAR, Far Away for Commercial Crew Program,"
Government Contracts Bullet Points
(December 29, 2011).
Contact: Jonathan M. Baker
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"Congress Proposes Changes to Technical Data Rights Statutes,"
Government Contracts Bullet Points
(December 28, 2011).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"DoD Opens Dialogue With Industry on Open-Source Software,"
Government Contracts Bullet Points
(December 7, 2011).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"US Liable for Environmental Remediation Costs Under Contract Clauses,"
Government Contracts Bullet Points
(November 4, 2011).
Contacts: Stephen J. McBrady, Jonathan M. Baker
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"Veterans Affairs Snubs GAO?,"
Government Contracts Bullet Points
(October 24, 2011).
Contacts: Amy Laderberg O'Sullivan, Jonathan M. Baker
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"DOD Revises IP Commercial Item Rules,"
Government Contracts Bullet Points
(September 21, 2011).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"Supreme Court Rules on Scope of Federal Contractors' Rights in Federally Funded Inventions,"
Government Contracts Bullet Points
(June 7, 2011).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"Government Contracts at the High Court,"
Government Contracts Bullet Points
(March 24, 2011).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"DOD Proposes Substantial Revision to Intellectual Property Rules,"
Government Contracts Bullet Points
(September 29, 2010).
Contacts: John E. McCarthy Jr., Jonathan M. Baker
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"Strict Application Of Micro-Purchase Exception Sinks Award,"
Government Contracts Bullet Points
(April 15, 2010).
Contacts: Daniel R. Forman, Jonathan M. Baker
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"CFC Has Jurisdiction Over "Nonprocurement" Protests,"
Government Contracts Bullet Points
(March 29, 2010).
Contact: Jonathan M. Baker
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"It's All In The Name,"
Government Contracts Bullet Points
(October 14, 2009).
Contacts: J. Chris Haile, Kent R. Morrison, Jonathan M. Baker
In the News
Firm News & Announcements