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Benny Lava

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Everything posted by Benny Lava

  1. Hi there. I apologize in advance if this is the wrong forum. We are dealing with a DCMA DACO within the scope of an audit. The preliminary audit had some findings and our written response is due soon. It has come to my attention that we have sent the DACO our draft response. What concerns me is that the DACO is essentially telling us what to say in our response. We have gone through several rewrites per her specific instructions, because the DACO apparently wants us to pass. That's great and all, but am I wrong in believing the DACO is compromising the integrity of the position by not being truly independent? And are we wrong in accepting this assistance? There are a number of us who are glad that the DACO is helping, but are very troubled by the level of involvement with our response. Your wisdom would be much appreciated.
  2. Benny Lava

    Ethical Concerns w/ DCMA DACO

    No sir, absolutely not. I should have mentioned that. I have no discomfort about what she is asking us to do. It lies solely with her level of involvement. I'm not an auditor nor have I ever been, but it seems to me that if I were managing one, I would want her to remain independent and let the contractor formulate their own response to my initial findings. She has suggested actual words and sentences verbatim, for example.
  3. Hello esteemed colleagues, We are in the process of reviewing and revising the templates we use for "Final Reports" to be completed at the end of every one of our IR&D projects. The question came up whether there was anything mandated by FAR or other authority that would help us in our review. At a Government Contracts course I took several years ago, I recall the instructor talking about how the USG could consider some IR&D costs unallowable if the Contractor fails to do things like Final Reports and other activities that would ensure the IR&D is spent how it should be. But I checked my notes and alas, nothing. The course was in Vegas too, so I'm not sure my mental capacity was at its highest at that time! Anyway, I checked FAR (Part 31 in particular) and Title 48 of CFR (referenced in the FAR) and found nothing. Your help and guidance is eagerly awaited and much appreciated! Benny
  4. Benny Lava

    Rules/Regulations regarding IR&D

    I am sorry I haven't responded sooner, but thanks for the advice everyone!
  5. Benny Lava

    Help! Protection of Proprietary Data

    Did anyone happen to find that post again by any chance?
  6. I was hoping for some guidance on the USG's obligations with respect to Contractor proprietary data. What I do know is this, generally speaking: - Data (Technical Data and/or Computer Software) "delivered" under a USG contract allows the USG to do whatever they want with it unless the Contractor asserts rights in such data. - 18 USC 1905 obligates Government employees to protect proprietary information, unless otherwise authorized by law. I suppose I will ask my question by posing a scenario. Let's say a Contractor is conducting a monthly status review with the USG and discloses some Contractor proprietary information. This information was not a deliverable. It may or may not have been marked proprietary. The Contractor did not negotiate rights in this information prior to contract award, because it's not really the sort of thing you think of beforehand (let's say the Contractor disclosed how some of the deliverables fit within the Contractor's overall future strategy). Can the USG disclose this information to a competitor of the Contractor? What is the regulatory or legal basis?
  7. Benny Lava

    Help! Protection of Proprietary Data

    Mr. Edwards, thank you for your reply. I definitely understand your sentiment regarding what the Government tends to do with data, especially unmarked data. Now, what if we mark the Monthly Status Reports "proprietary"? We have not negotiated anything regarding data rights, and we are not including the FAR mandated limited rights notice. We're just marking it proprietary. Does the Government have an obligation not to disclose it to third parties? I would imagine they do, because after all, we would all agree that it would be improper for the Government to disclose, say, our indirect rates to competitors, right?
  8. Benny Lava


    Bob -- thanks for the touching story. Best, P
  9. Hello All, I was wondering, are costs for the creation, filing and prosecution of trademarks allowable? Let's assume that they are not required by any Government contract, and may or may not concern goods/services associated with Government contracts. I didn't find anything in the FAR strictly allowing or disallowing these costs, so I was hoping someone could provide some guidance. Thanks, Benny