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Lionel Hutz

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About Lionel Hutz

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  1. I agree that "Law Clerk" is usually reserved for a law school graduate that assists a Judge (usually) or Attorney (less often). "Legal Assistant," or "Paralegal" refers to someone that is qualified to perform substantive legal work under the supervision of an attorney. Per the American Bar Association: Also this from the ABA:
  2. There is more to life than acquisition regulations. Again, you have to take a look at the rules of professional responsibility for the state you are located. What you consider to be "true legal support" is irrelevant. As an example, see the "Unauthorized Practice Rules" in the Virginia Rules of Professional Conduct (https://www.vsb.org/pro-guidelines/index.php/unauthorized-practice-rules/) They state in part: I'm not telling you your legal clerk is practicing law, but research (especially if the clerk is applying that research to a specific scenario) and editing and redlin
  3. Probably a good research project for your Legal Clerk. In my opinion, the issue is less about what the position is called, and more about what the law student is doing. Specifically, the law student should not engage in anything that could be construed as the practice of law unless they are being supervised by an attorney or have some other exception. A law student may provide legal advice under the supervision of an attorney because the attorney essentially accepts responsibility for the law student’s work product. A law student providing legal advice on his/her own is most likely
  4. Bob, thanks. I must have just read the case in the past 6 months and for some reason it got stuck in my head as being newer.
  5. Joel, thank you! That was it. Guess I was wrong about the time frame.
  6. I am trying to find a case that I read about a few months ago. I believe it was decided within the last 6 months, and the board or court held that a contractor could not enforce or collect damages based upon a nondisclosure agreement signed by a non-contracting officer government employee. I know this is not a lot to go off and the request is kind of a long shot, but might anyone know what decision/case this was? If not this recent case, perhaps an older case addressing the same issue? Thanks for any help!
  7. I'm not really sure what you are quoting there, but it doesn't appear in the FAR. The FAR makes no distinction between rental and lease of motor vehicles. In fact, FAR 8.1101 Definitions, states, "'Leasing' means the acquisition of motor vehicles, other than by purchase from private or commercial sources, and includes the synonyms 'hire' and 'rent.'"
  8. On the other hand, FAR Part 8 specifically directs contracting officers to "Insert ... (e) The provisions and clauses prescribed elsewhere in the FAR for solicitations and contracts for supplies..." when leasing motor vehicles. FAR 8.1104. The FAR is all over the map when it comes to classifying a rental/lease as a supply vs. service. I don't think one rule applies across the board. When asking whether something is a supply or service, first determine why you need to make that classification, and then apply the rules that apply to that specific determination. Unless there is specific
  9. If a Mil Spec hammer is needed to perform a special job that a commercial hammer could not perform, then it would be acceptable. But, the government cannot create unduly burdensome specifications that exceed its requirements. For example, see Global SuperTanker Services, LLC, B-414987; B-414987.2 (Nov. 6, 2017) : "In preparing a solicitation, a procuring agency is required to specify its needs in a manner designed to achieve full and open competition, and may include restrictive requirements only to the extent they are necessary to satisfy its legitimate needs. In this respect, sol
  10. It depends on what you mean when you wrote that funding available was only $500,000. Was the $500,000 limit a formal or informal limitation? An appropriation allows an agency to incur obligations and make payments out of the Treasury for specified purposes. Below an appropriation is the “apportionment,” which is a distribution by the OMB of amounts available in an appropriation. Administrative subdivisions imposed by an agency are the third level of fiscal control and are divided into “formal” and “informal” administrative subdivisions. Formal administrative subdivisions cons
  11. A -8 modification is under the terms of, and authorized by, the predecessor contract. It is explicitly continued performance of the old contract, not an override of the stay and performance of the new contract. However, a bridge contract awarded to the proposed awardee may be considered a de facto override of the stay if the bridge is for the same services and under the same or substantially similar terms as the protested contract and the bridge reduces the length/value of the protested contract. Access Sys., Inc. v. United States, 84 Fed. Cl. 241, 243 (2008) ("This case is therefore un
  12. No. In my experience, the gap in services caused by a protest is usually bridged by exercising the Option to Extend Services under FAR 52.217-8. In fact, FAR 37.111 specifically cites delays in award due to a protest as one of the reasons to include and exercise the -8 option. If the -8 clause is not in the contract, or all six months of the option period have been performed, the agency cannot automatically extend performance through a bridge modification/contract. First, it must determine whether there is sufficient time to compete the "bridge" requirement and potentially bring in a n
  13. Perhaps McDonnell Douglas Corp. v. United States, 182 F.3d 1319, 1331 (Fed. Cir. 1999)?
  14. Generally, no, the vendor is not required to demonstrate that the brand name conforms to the salient characteristics identified by the government. The brand name is presumed to comply. CAMSS Shelters, B-309784 (Oct. 19, 2007) ("In contrast, with respect to an offer of the brand name item, absent certain provisions in a solicitation that impose additional requirements applicable to the item, an agency can reasonably accept a brand name offer and make award without further investigation. See, e.g., General Hydraulics Corp., B–181537, Aug. 30, 1974, 74–2 CPD para. 133 at 2 (brand name item prop
  15. Good thoughts, but just a couple caveats to consider: 1) An incumbent will only get an extra 100 days of profit if they protest on the last day of the contract. If the government awards a follow on contract 2 months before the end of the existing contract, then the incumbent will only get an extra 40 extra days. Focusing on awarding a contract with adequate lead time for a new contractor to prepare for performance (especially on $100M+ contracts) will reduce the monetary benefit provided by a stay of performance. 2) Agencies frequently take corrective action, not because they have
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