Government Contracts Legal Forum

Chris Garcia

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Commercial License Terms May Govern Even Without Contracting Officer Knowledge

Posted in Claims, GSA Schedule/Commercial Items
On June 27, 2018, in Appeal of CiyaSoft Corporation, the Armed Services Board of Contract Appeals held that the Government can be bound by terms of a commercial software license agreement that the contracting officer (CO) has neither negotiated nor seen.  CiyaSoft Corporation (CiyaSoft) submitted a claim asserting that the Army had breached its contract… Continue Reading

DOJ Asks Supreme Court to Resolve Split Over Its Ability to Compel Foreign Records

Posted in Cybersecurity
Can U.S. law enforcement reach data stored oversees by using a warrant under the Stored Communications Act, 18 U.S.C. § 2701, et seq.?  Until the Supreme Court decides the issue, which may happen next term, the answer is: it depends where the government applied for the warrant. Over the last few years, U.S.-based technology companies… Continue Reading