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Brown Rudnick BLOGS

Welcome to Brown Rudnick’s blog page.  Below you will find our Emerging Technologies and Government Contracts blogs.  To read our Real Estate blog, Get Real! Keeping Real Estate Professionals Ahead, please visit

The views expressed herein are solely the views of the author(s) and do not represent the views of parties represented by the blogger(s) or the views of Brown Rudnick LLP or parties it represents.

Mobile App Privacy: Five Things Businesses Can Do To Stay Out Of Trouble

Posted on Friday, Dec 21, 2012


The business case for offering a mobile app can be compelling: an app can give a business a constant presence on its customers’ mobile desktop, building brand awareness and allowing easy and direct interaction.  But businesses that roll out apps need to pay attention to privacy rules, too, as the recent enforcement action by California’s Attorney General reminds us.

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A New Wave Of GPL Enforcement? Samba and Linux kernel copyrightholders join the fight

Posted on Friday, Jun 29, 2012


Talk about unintended consequences: Rob Landley, a lead developer of BusyBox, announced that he was rewriting that program solely to disarm GPL enforcers. In response, several other copyright holders came forward to hand the enforcers some bigger and more effective weapons.

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Beware the 25th of October!

Posted on Monday, Oct 24, 2016

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It’s not quite what the Ides of March was to Julius Caesar, but government contractors do have plenty to worry about come October 25. That’s the day phased implementation of Executive Order 13673, “Fair Pay and Safe Workplaces,” begins. Effective that day, offerors on contracts exceeding $50 million will have to represent, to the best of their knowledge and belief, whether — since October 25, 2015 — there were findings that they violated any of 14 federal statutes and executive orders listed in the order and the implementing regulations. Those laws address wage and hour, safety and health, collective bargaining, family and medical leave, and civil rights protections. Contracting officers will be required to consider those disclosures in determining whether an offeror is a responsible source that has a satisfactory record of integrity and business ethics.

Why worry?

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Proposing salary cuts for incumbent workers can be (un)realistic

Posted on Wednesday, Aug 31, 2016

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When a solicitation anticipates award of a fixed price contract, the Federal Acquisition Regulation typically doesn’t require the agency to conduct a price realism analysis. But, to assess the risk inherent in an offeror’s proposal for a fixed-price contract, the agency may, at its discretion, say in the solicitation that it will perform a price realism analysis. And, if the solicitation says that a price realism analysis will be performed, the agency had better perform it and document it. Where an agency fails to document its price realism evaluation, it bears the risk that there may not be an adequate supporting rationale in the record for the Government Accountability Office (GAO) to conclude that the agency had a reasonable basis for its source selection decision.

That was the case in a bid protest that GAO sustained earlier this summer. There, the awardee (Sterling) had bid the staff of the incumbent contractor (Valor), but at substantially lower rates than Valor was paying. When Sterling won the contract, Valor protested that the agency had failed to determine that Sterling’s price as realistic, as required by the solicitation.

It is not impossible that Sterling’s plan to incur lower labor costs than Valor for the same staff was realistic. But, GAO sustained Valor’s protest because there was no evidence that the agency had even asked itself or Sterling the question.

The takeaways? For agencies, if the solicitation calls for a price realism analysis, make sure you perform, and document, that analysis. For offerors, make sure your proposal includes the information the agency will need to find that your price is realistic, especially if our price includes significant savings off the incumbent’s price.

The case is Valor Healthcare, Inc., B-412960 (July 15, 2016), available at

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