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Government Contracts Monitor

Research & Development

Short Take: SBA Makes Available Online SBIR and STTR Tutorials

Last week the U.S. Small Business Administration released its highly anticipated online tutorials to help small businesses navigate the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The mobile-compatible site is free and allows users to learn about the programs through a combination of videos and text.

The SBA hopes that the new site will help…

SBA Proposes Changes to SBIR and STTR Policy Directives

The Small Business Administration (SBA) recently issued proposed amendments to its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program Policy Directives. Specifically, the Notice of Proposed Amendments describes plans to combine the two directives into one document, clarify the data rights and Phase III preference afforded to SBIR and STTR small…

If You Develop Software for the Federal Government, You Need to Read the OMB’s Draft Federal Source Code Policy

On March 11, 2016, the Office of Management and Budget (OMB) published a Federal Register notice seeking public comment on a draft memorandum entitled, “Federal Source Code Policy — Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software.’’ The notice explains that the Administration’s Second Open Government National Action Plan committed to adopting a…

Short Take: Supplier-Enabled Innovation

Supplier-Enabled Innovation (SEI) recently has been touted in the private sector as having the potential to revolutionize procurement.  But what is it?

SEI is a concept: that a procurement process can be used to dramatically increase the amount of research and development work being done on behalf of a procuring entity – by tapping into the capabilities and innovations of the entity’s…

Avoid the ‘New and Improved’ Strain of Incumbentitis

Just as people across the country have begun to recover from this year’s particularly nasty flu variant, the Government Accountability Office (GAO) has issued a decision involving an especially virulent form of Incumbentitis.  This strain manifests as an incumbent’s touting a new and improved version of the same technology it used to perform the prior contract.  However understandable…

Shine a Light: Examine and Understand What You’re Protesting

The performance of Government contracts often requires the use of contractors’ preexisting data.  Your rights in this data are frequently very valuable – sometimes even indispensable to your continued existence. It should come as no surprise, therefore, that when submitting a proposal for a government contract it is crucial that you understand and articulate your rights and those of the…

Short Take: Changes to Agency Management of Software Licenses on the Horizon

Many companies licensing software to federal agencies have been frustrated by their government customers’ apparent inability to effectively manage their licensing efforts. Too often agencies either: (i) buy more licenses that they need and later ask for rebates or concessions because they “didn’t use the software”; or (ii) purchase too few licenses and exceed licensed usage limits, triggering a…

New Open Access Policy on Research Results Presents New Opportunities

The White House Office of Science and Technology Policy (OSTP) recently announced a major new policy aimed at expanding public access to the results of unclassified, federally funded research.  In a new policy memorandum, OSTP Director John Holdren has directed Federal agencies with more than $100 million in R&D expenditures to develop plans to make the published results of such research…

Fraud, Waste, and Abuse Programs for Small Business R&D Contracts Continue to Evolve

As detailed in a recent report issued by the Government Accountability Office (GAO), federal agency efforts to address fraud, waste, and abuse in small business research and development contracts are continuing to develop into more robust programs that remain agency-specific but will increasingly reflect a common set of strategies.

The GAO prepared the report, “Small Business Research Programs:…

Proposed Change to FAR Will Clarify Requirements for Setting Aside R&D Contracts for Small Businesses

DoD, GSA, and NASA issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to clarify that contracting officers should set aside research and development (R&D) contracts for small businesses when the market research indicates there are small businesses capable of providing the best scientific and technological approaches.  Small Business Set Asides for Research and…

Obtaining and Retaining Rights In Federally Financed Inventions after Stanford v. Roche

Last June, the United States Supreme Court made clear in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.,  131 S. Ct. 2188 (2011), that the Bayh-Dole Act does not automatically vest ownership to an invention discovered with the aid of federal funding in the hands of a federal contractor, in that case, a university.  (Click here to read Jackson…

 

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