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Blackwing

Win government work without giving away your IP.

Selling to the government brings its own contracts, clauses and compliance. We handle subcontracts, teaming agreements, OTAs and SBIR awards, and we protect your technical data rights so the government gets what it pays for and not more.

GovCon services

Each one is a flat fee, quoted before we start. Hover a service to see what's included.

5 services

  1. Prime, Subcontracts & Task OrdersSubcontracts, prime contracts and task orders reviewed for FAR/DFARS flow-down risk.Flow-down review identifying clauses that apply, clauses that should not and clauses triggered by thresholdsRedline of the subcontract's commercial terms: payment, termination, changes and IPCommercial item or commercial product analysis where it can narrow flow-downs, noted as fact-dependent
  2. Teaming, JVs & Mentor-ProtégéTeaming agreements, joint ventures and SBA mentor-protégé documents for small businesses.Teaming agreement with defined workshare, exclusivity scope and subcontract commitmentJoint venture agreement addressing management, profit split and SBA requirements where applicableMentor-protégé agreement drafted for submission with the SBA application
  3. OTAs, SBIR & Non-Traditional AwardsSBIR awards and OTA prototype agreements reviewed and negotiated for defense startups.Review of SBIR award terms, including SBIR data rights and markingOTA prototype agreement redline covering IP, payment milestones and terminationAnalysis of eligibility conditions for an OTA, such as nontraditional defense contractor participation
  4. Technical Data & IP RightsDFARS data rights assertions and markings that protect your technical data and software.Data rights assertion list prepared for your proposal or contractFunding source analysis for key components, noted as fact-dependentMarking review for deliverables under DFARS 252.227-7013 and 252.227-7014
  5. CMMC, Export Control & Supply ChainContract terms for DFARS 7012, CMMC 2.0, CUI and ITAR/EAR in your defense supply chain.Review of DFARS 252.204-7012 and CMMC clauses in your contracts, with plain-language obligationsSupplier and subcontractor flow-down terms for CUI, incident reporting and export controlRepresentation and certification review before you sign or submit

Who we work with

  1. 01

    Defense tech startups pursuing SBIR, STTR or OTA awards

  2. 02

    Companies subcontracting to primes

  3. 03

    Startups forming teaming arrangements or joint ventures

  4. 04

    Teams preparing for CMMC and export control obligations

GovCon questions

An Other Transaction Agreement is a flexible award vehicle, outside most of the FAR, that DoD uses for prototypes and follow-on production. It's often accessed through consortia, and its terms are highly negotiable.

Usually not. It receives a licence whose scope depends on how the technology was funded and how you assert and mark your data rights. Getting the markings wrong can cost you those rights.

If you handle Controlled Unclassified Information under a DoD contract, CMMC requirements are being phased into solicitations, and the required level depends on the contract.

Other practice areas

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Attorney advertising. The information on this site is general and is not legal advice. Contacting Blackwing or using this site does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.