Toikka Law Group assists government contractors with a number of issues that arise in the course of their business

First, we provide advice on how best to protect intellectual property (IP) rights in the contracts and subcontracts entered into by our clients with their teaming partners and federal and state governments.  The relationship between government contracts and intellectual property is one of the most complex and important areas of government contracts law.  Issues arise in various phases of the contracting process, including prior to the bid, proposal preparation, performance and delivery and closeout of the contract.  Such issues include:

  • Prior to Contracting

    • Review contractor’s existing IP, identify source of funding and any third-party rights therein;

    • Check for potential issues with partners of teams;

    • Review relevant government advice, including from U.S. Office of Management and Budget (OMB);

    • Put in place Non-Disclosure Agreements (NDAs);

    • Assist with any federal or state Freedom of Information Act (FOIA) requests;

    • Review applicable contract mechanisms, including Contracts, Grants, Cooperative Agreements, Cooperative Research and Development Agreements (CRADAs); and

    • Review agency for law and policy regarding invention rights and technical data rights.

  • Proposal Preparation

    • Review representations and certifications;

    • Assure statement of work and proposed subcontracts;

    • Check for the existence of relevant Government or third-party patents;

    • Protect copyrights in proposal material;

    • Assure publication rights, if desired by client; and

    • Assess rights in computer software and technical data (unlimited rights, government purpose rights, limited rights data, and restricted computer software.

  • Performance/Delivery

    • Assess prime contractor’s rights in subcontractor patent rights;

    • Assure that requirements for disclosing new technology or inventions are met;

    • Protect rights of authors and inventors; and

    • Advise on asserting rights on delivery and marking

  • Closeout/ Post-Closeout

    • Deal with timing of publications;

    • Assert licensing rights; and

    • Assess the effect of Government rights in computer software/technical data on subsequent deliveries.

  • Second, in the event that a client’s bid is unsuccessful, we provide advice on bid protest options, including that the agency’s procurement process was biased or contrary to law and regulations, and/or that the successful bidder had a personal or organizational conflict of interest.  We have experience in bid protests before (1) agencies; (2) the Governmental Accountability Office (GAO); and (3) the U.S. Court of Federal Claims.