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Joseph Whitcomb

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DNA Harvest and End of Life Documents

Posted by Joseph Whitcomb on Apr 30, 2017 9:48:30 PM

Hospital Refuses to Perform DNA Harvest on Deceased Man due to Lack of End of Life Documents

A Colorado woman has faced substantial difficulties in using her deceased boyfriend’s DNA to create a child because the man died without lack of estate planning documents. Although the man’s girlfriend planned to use his sperm to have a child, the hospital where the man died refused to perform the DNA harvest because the man died without proper end of life documents. Because sperm’s viability only lasts a period of 24 to 48 hours after death, the woman now appears to have lost her struggle due to lack of estate planning documents. While the girlfriend has raised the argument that sperm should have been collected because the man was an organ donor, the man lacked medical paperwork dictating his wishes. Without proper end of life documents, the girlfriend cannot serve as his power of attorney.

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Topics: Estate Planning

Your Bundle of Patent Rights

Posted by Joseph Whitcomb on Apr 16, 2017 11:07:55 AM

Bundled Patent Rights

Patent rights are one of the most valuable forms of intellectual property because a patent is not just a single right - a patent actually consists of a bundle of rights. The bundle of rights can be broken down or segmented into individual rights or smaller groups of rights, which can be licensed, assigned, sold, or otherwise exploited for financial gains. Savvy patent holders often work closely with experienced patent lawyers to figure out ways to commercialize their patent rights and other intellectual property.

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Topics: Intellectual Property, patent law, patent lawyer, patent rights

Recovering from the Government for Negligent Estimates

Posted by Joseph Whitcomb on Mar 14, 2017 2:49:13 PM

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Are Agencies Responsible for Their Negligent Estimates?

Recently, the U.S. Court of Appeals ruled in favor of Agility Defense and Government Services, Inc.'s claim under the Negligent Estimates Theory in government contracting.  In Agility Defense & Government Services, Inc v. U.S., a contractor, Agility Defense, bid on and won a contract to dispose of surplus military property for the Defense Reutilization and Marketing Service (DRMS), a department within DLA (Defense Logistics Agency).  Historically, the DRMS had run their own reutilization, demilitarization, and reduction to scrap process, but began contracting the process in 2007.  Agility and two other contractors were awarded contracts of which Agility was awarded a contract to operate six facilities.  As part of the contract, awardees could sell any scrap they salvaged, without reservation, to offset costs.  As part of the solicitation and in response to requests for workload history and projections, DRMS provided a website link to historical data.

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Topics: Appellate Law, Government Procurement, government contracting, government contracts attorney, Government Contracts Law Firm

When Is A Defective SolicitationProtest Too Late?

Posted by Joseph Whitcomb on Jan 17, 2017 2:06:18 PM
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Topics: Government Procurement, Bid Protest attorney, government contracting, government contracts attorney, Government Contracts Law Firm

Change from Within the VA on Procurement Policy

Posted by Joseph Whitcomb on Jan 16, 2017 8:25:13 PM

VA PROCUREMENT POLICY MEMORANDUM (2016-05)
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- Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision

As you may recall, we sent out a newsletter a couple of months ago detailing some of the implications of the Supreme Court's decision in Kingdomware Technologies v. U.S. On July 25, 2016, the VA issued a new procurement policy memorandum titled "Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision." This newly minted policy has far reaching implications.

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Topics: Government Procurement, Bid Protest attorney, government contracting, government contracts attorney, Government Contracts Law Firm

Business Management Books That Have Shaped My Business

Posted by Joseph Whitcomb on Jan 15, 2017 12:25:35 PM

Reading Business Management Books on My Commute

Like many of you, my ride to work in the morning is long and can feel like a giant waste of time.  I have tried many diversions and distractions like riding my bicycle the 18 miles to work or taking the local RTD (Denver's transit system) and both of those tools have been useful.  However, starting in March 2015, I discovered a way to make the commute, however I was making it, more enjoyable and useful; reading business management books on my commute.  I downloaded Audible and Overdrive to my smartphone and began listening to books on my way into work.  Before anyone yells at me, I know I am likely late to the party on this idea.  However, for me, this was an absolute game changer.  The nuggets I found in the list of books below, felt too good to keep to my self.  They have helped forge a new perspective on business and leadership.  Some of the material has proven affirming (I felt like I was doing the right thing, even if I didn't know why) and some of it turned what I believed on its head.  Each picture below is a link to the Audible® book that I downloaded.  For those who are wondering, "yes," this is a full-throated endorsement of these books and a small, but meaningful insight into the type of culture I am very interested in instilling in my organization.

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Topics: Government Procurement, sdvosb, government contracts attorney, Government Contracts Law Firm

Bad Faith Requires "Intent to Injure"

Posted by Joseph Whitcomb on Dec 4, 2016 4:51:43 PM

Bad Faith and Option Periods

In DekaTron Corporation v. United States, DekaTron Corporation’s alleged bad faith in the government’s failure to exercise an option year. DekaTron sought damages of $4.9 million including $3.7 million for profits and $1.1 million leases, furniture, supplies, and other obligations. 128 Fed. CL. 115. The Department of Labor, the defendant in this case, filed a motion for dismissal for failure to state a claim. DekaTron, an SDVOSB incorporated in Delaware, was awarded a Department of Labor’s contract on September 22, 2010, for an indefinite delivery and definite quantity (society IQ) contract. The contract involved a base year and for one-year option periods for the provision of technical support services.

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Topics: Government Procurement, bad faith claims, government contracts attorney, Government Contracts Law Firm

Is Your LLC's Operating Agreement Protecting You

Posted by Joseph Whitcomb on Dec 3, 2016 4:23:54 PM

Unanimous Consent Language and Other Requirements

In the past two years, several applicants for inclusion in the VIP database have received denial letters from the CVE, because of wording in their operating agreement.  The most common reason for denial is language requiring unanimous consent to amend the agreement itself or to add members to the LLC.  The VA’s OSDBU posts its official position on operating agreements here. [button link="http://www.va.gov/osdbu/verification/assistance/briefoperatingagreements.asp" bg_color="#2525f5" window="yes"]Operating Agreements[/button]

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Topics: Government Procurement, sdvosb, government contracts attorney, Government Contracts Law Firm, operating agreements

Colorado Congressman Coffman Co-sponsors SDVOSB Verification Bill

Posted by Joseph Whitcomb on Nov 8, 2016 10:00:56 AM

HR 3945-Another Attempt to Revamp the SDVOSB Verification Process

The SDVOSB verification process can be tricky.  On November 5, 2015, Representative Mike Coffman, along with five co-sponsors introduced HR 3945, titled Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015.  While the text of the bill was not available at the time of this writing, Ben Stein, Coffman’s chief of staff, sent over a brief description of the components of the bill.  That document can be downloaded here.  Importantly, Representative Coffman, who served in both the United States Army and Marine Corps as both enlisted and an officer, has submitted similar bills for passing in previous sessions of Congress.

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Topics: Government Procurement, sdvosb, government contracts attorney, SDVOSB, SDVOSB attorney, SDVOSB status denial

SBA and FAR Council Shortfalls Cause Subcontracting Limitations Confusion

Posted by Joseph Whitcomb on May 12, 2015 6:28:04 AM

The New(ish) Subcontracting Limitations

In January 2013, Congress enacted 15 USCA § 657(s), which in its relevant part states (1) in the case of a contract for services, may not expend on subcontractors more than 50 percent of the amount paid to the concern under the contract. (see 15 U.S.C.A. § 657s (West) )  This statute was meant to clear up confusion created by the old FAR provision, 48 C.F.R. (FAR) § 52.219–14 (2002), which states, in part, that “[a]t least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.”   One commenter on the old FAR provision wrote:

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Topics: Bid Protests, Government Procurement, government contracting, government contracts attorney, Government Contracts Law Firm

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