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The Ethics of Doing Business with the Government: Organizational and Personal Conflicts of Interest (8 pp) (relevancy score: 100%)

by The Hon. C. Scott Maravilla
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

The discussion will center upon conflicts of interest, specifically Organizational Conflicts of Interest1 and Personal Conflicts of Interest. An Organizational Conflict of Interest ("OCI") involves the ethical considerations of conflicts posed by the contractor's relationship with the government as opposed to personal conflicts, which involve the conflicts of the individual. Company B is the systems engineering and technical direction contractor for system Y. Company A may supply system Y ...

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'Organizational Conflict of Interest' Cases & Articles (12 pp) (relevancy score: 100%)

by The Hon. Susan G. Braden
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

Co., Inc. v. U.S, 2010 WL 2795079 (July 16, 2010) DataMill, Inc. v. U.S., 91 Fed.Cl. 722 (March 5, 2010) PAI Corp. v. U.S. Axiom Resource Management, Inc. v. U.S., 82 Fed.Cl. 522 (July 7, 2008) Axiom Resource Management, Inc. v. U.S., 80 Fed.Cl. 530 (Feb. 26, 2008) Centech Group, Inc. v. U.S., 79 Fed.Cl. 562 (Dec. 13, 2007) Masai Technologies Corp. v. U.S., 79 Fed.Cl. 433 (Nov. 29, 2007) Axiom Resource Management, Inc. v. U.S., 78 Fed.Cl. 576 (Sept. 28, 2007) The Centech Group, Inc. v. U.S., ...

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Proposed Rules of the Department of Defense re Defense Acquisition Regulations System (April 22, 2010) (14 pp) (relevancy score: 100%)

by
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

The proposed rule integrator" in the clause at 252.209­ contract clause for use in solicitations establishes that-- 7007, cites the definitions of "major and contracts for systems engineering (1) The contracting officer shall award defense acquisition program" in 10 and technical assistance for major the contract to the apparent successful U.S.C. 2430, cites the definition of defense acquisition programs. DoD invites comments from · "organizational conflict of interest;" 252.203­70ZZ, ...

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Proposed Rules of the Department of Defense re Defense Acquisition Regulations System (April 22, 2010) [ALTERNATE VERSION] (32 pp) (relevancy score: 100%)

by
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

36 75 FR 20954-01, 2010 WL 1608836 (F.R.) Page 1 PROPOSED RULES DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 202, 203, 212, and 252 RIN 0750-AG63 Defense Federal Acquisition Regulation Supplement; Organizational Conflicts of Interest in Major Defense Ac- quisition Programs (DFARS Case 2009-D015) Thursday, April 22, 2010 AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). This section addresses comments from several respondents to ...

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Comments from ABA Public Contract Law Section on Proposed Rules of the Department of Defense re Defense Acquisition Regulations System (36 pp) (relevancy score: 100%)

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from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Document Outline Comments from ABA Public Contract Law Section on Proposed Rules of the Department of Defense re Defense Acquisition Regulations System 5. Comments from ABA Public Contract Law Section on Proposed Rules of the Department of Defense re Defense Acquisition Regulations System

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Federal Acquisition Regulations, Subpart 9.5: Organizational and Consultant Conflicts of Interest (6 pp) (relevancy score: 100%)

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from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

104 SUBPART 9.5--ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST 9.504 Subpart 9.5--Organizational and (d) Acquisitions subject to unique agency organizational Consultant Conflicts of Interest conflict of interest statutes are excluded from the require-ments of this subpart. involve a significant potential conflict, the contracting officer (a) This subpart applies to contracts with either profit or shall recommend to the head of the contracting activity a nonprofit organizations, ...

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Federal Acquisition Regulations, Subpart 3.1: Safeguards (8 pp) (relevancy score: 100%)

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from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

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FAA Procurement Guidance (12 pp) (relevancy score: 100%)

by
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

118 119 120 121 122 123 124 125 126 127 128 2 Document Outline FAA Procurement Guidance 8. FAA Procurement Guidance

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Axiom Resource Mgmt., Inc. v. United States (Fed. Cl. 2007) (32 pp) (relevancy score: 100%)

by
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&fn=_top&mt=Westlaw&vr=2.... 5/13/2010 Page 8 of 31 136 Page 7 78 Fed.Cl. 576 (Cite as: 78 Fed.Cl. 576) Quality Control Approach Exceptional Exceptional Past Performance Acceptable Good 7 OVERALL RATING EXCEPTIONAL GOOD FN5. In rating Plaintiff's AR 534; see also AR 377-87. Past Performance as "Good," however, Evaluator 1 did not list any of Plaintiff's references contacted.

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Protest of Carahsoft Technologies Corporation and Avue Technologies Corporation Pursuant to Solicitation HSTSOI-08-HRMOIO (8 pp) (relevancy score: 100%)

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from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

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Conflict of Interest News Items (6 pp) (relevancy score: 100%)

by The Hon. C. Scott Maravilla
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

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Personal Conflict of Interest Standards for Government Contractor Employees (6 pp) (relevancy score: 100%)

by Professor Kathleen Clark
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

B. Current Ethics Restrictions on Government Contractors' Employees 1. Location of Ethics Standards: Statutes, Regulations, Formal Policies and Ad Hoc Contractual Clauses The government has taken a variety of approaches in imposing ethics restrictions on contractor employees, from a few statutes that are broad enough to reach not just government employees but also contractors, to regulations specifically aimed at contractor employees, formal policies imposing such restrictions, and the ad hoc...

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Selected Regulations of Service Contractor Employee Ethics (16 pp) (relevancy score: 100%)

by Professor Kathleen Clark
from The Ethics of Doing Business with the Government: Personal, Organizational and Other Conflicts of Interests (December 1, 2010)

& d evaluation Re icited troubl reign country tracts Af pe t in t p fo su n m nsulting, M pport Se ol en Bi aluation,Te ose resulting from en rsonal C of Mi Co Mg Co Su Th m Ev uns m b. fter t fected gm chnical ctivities s A rvices & l P al search, onflict of Interest Standards for G l l e A l tracts R tracts tracts n fected Al al al Re y n fected tsid n fected tracts Af nsulting, M Af TA Af Af striction n aluation,Te pport Se ose resulting from rsonal C Co lit Co Ou Co Re Co Ev Co ...

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An Introduction To Federal Government Contracting (14 pp) (relevancy score: 100%)

by Anita Ponder and Joshua C. Drewitz
from the The Practical Lawyer Vol. 56 No. 6

Government Contracts are different From "regular" Contracts In a Government contract, a corporate entity enters into an agreement with a sovereign entity that, over time, has developed a very regulated form of contracting. When faced with a government contract question, the first step is to determine where the client is in the government contracting process, i.e., whether this is a formation issue or a contract administration ques-tion. This concept is important throughout the government ...

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Government Contracts: 5 Rules for Using a Debriefing of a Failed Bid to Win Future Bids (22 pp) (relevancy score: 100%)

by Terrence M. O'Connor
from Government Contracts: 5 Rules for Using a Debriefing of a Failed Bid to Win Future Bids (November 17, 2010)

2 1 e streeth t sides of overnment h G EIG LEONARD LLPW BERENZ My background working bot Government Lawyer Private Practice ­ Contracts Teaching Contracting Officers 40 years of 3 2 EIG LEONARD LLPW 5 Rules BERENZ Get a "required" debriefing Know the limited information available Understand the Government's mindset Understand the odds of a debriefing leading to winning the "lost" contract Be a "good contractor," not an adversary 1. 2. 3. 4. 5. 4 3 EIG LEONARD LLPW BERENZ Access to FAR ...

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Patent Rights (12 pp) (relevancy score: 100%)

by Jeffrey Weinstein
from IP Rights & Software Licensing Under Government Contracts (October 18, 2010)

As a result, the FAR typically provides for a federal contractor to retain the rights to an invention that is first patented as the result of a Government contract, while giving the Government a broad license to use the invention for Government purposes.4 The typical Patent Rights clause in a Government contract will give the Government certain rights in "subject inventions." 31 The "data rights" provisions of Government commercial and defense contracts focus primarily on two general ...

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Websites of Primary US Export Regulations, Export Control-Related Resources, Etc. (4 pp) (relevancy score: 100%)

by Suzanne Y. Kao
from IP Rights & Software Licensing Under Government Contracts (October 18, 2010)

14 PRIMARY US EXPORT REGULATIONS International Traffic in Arms Regulations, 22 C.F.R. Part 120-130 ("ITAR") http://www.pmddtc.state.gov/regulations_laws/itar_official.html Export Administration Regulations, 15 C.F.R. Part 730-774 ("EAR") http://www.access.gpo.gov/bis/ear/ear_data.html Foreign Assets Control Regulations, 31 C.F.R. Part 500, et seq. ("OFAC") http://www.ustreas.gov/offices/enforcement/ofac/map/cfrlinks.shtml U.S. Customs Regulations, 19 C.F.R. Part 1-192 http://...

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Software Licensing: Government vs. Commercial (It’s a Different World) (4 pp) (relevancy score: 100%)

by Kenneth Kopf
from IP Rights & Software Licensing Under Government Contracts (October 18, 2010)

o Commercial - Governed mainly by Commercial law State by state statutes Some Federal law (mainly dealing with IP issues, copyright, TM, patent) Some international laws (mainly around copyright limitations) · METHOD OF LICENSING o Government ­ Via Data Rights FAR provisions (52.227-14 and agency supplements) Unlimited Rights Government Purpose Rights ("GPR" or :GPLR") Restricted Rights Some exceptions · GSA Schedule (Commercial Item - defined - FAR 2.101) · SBIR (Small Business Innovative ...

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Department of Defense Clarifying Guidance Regarding Open Source Software (8 pp) (relevancy score: 100%)

by Kenneth Kopf
from IP Rights & Software Licensing Under Government Contracts (October 18, 2010)

22 23 24 ATTACHMENT 1 REFERENCES (a) DoD Chief Information Officer (CIO) Memorandum, "Open Source Software (OSS) in the Department of Defense (DoD)," May 28, 2003 (superseded) (b) Title 10, United States Code (USC), Section 2377 (c) Federal Acquisition Regulation (FAR), Sections 2.101, 12.000, 12.101 (d) Defense Federal Acquisition Regulation Supplement (DFARS), Section 227.7203-5 (e) Title 41, United States Code (USC), Section 253a (f) Federal Acquisition Regulation (FAR), Section 10.001 (g)...

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Department of Defense Clarifying Guidance Regarding Open Source Software—Frequently Asked Questions (42 pp) (relevancy score: 100%)

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from IP Rights & Software Licensing Under Government Contracts (October 18, 2010)

o 4.3 Q: Are "non-commercial software", "freeware", or "shareware" the same thing as open source software? "Open source software" is also called "Free software", "libre software", "Free/open source software (FOSS or F/OSS)", and "Free/Libre/Open Source Software (FLOSS)". Such software could be described as "source available software" or "open-box software" (such terms might include open ...

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