Government Contracts Legal Forum
Legal analysis of government contracting.
Fastest 5 Minutes
Cybersecurity, Health Information Technology This week’s episode covers a False Claims Act whistleblower lawsuit involving failure to comply with federal cybersecurity requirements, a new CISA cyber incident reporting tool, and a proposed rule to implement an HHS-wide policy rela
Crowell and Moring LLP · Sep 19, 2024
“Et ‘two,’ GAO?”:Recent Sustain on the Rule of Two Reminds Agencies of the Importance of Accurate Market Research
For the first time in nearly a decade, GAO in Knudsen Systems, Inc. sustained a protest challenging an agency’s decision to set aside a procurement for small businesses. The decision involves the so-called “Rule of Two”: under FAR 19.502-2(b), agencies must set aside for small bu
Crowell and Moring LLP · Sep 12, 2024
Know Your Rights: SBCA Issues Two Important Reminders to Contractors
The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims. The Board explained in DSME Construction Co., Ltd., ASBCA 63878 (July 30, 2024), that it may re
Crowell and Moring LLP · Sep 6, 2024
California Dental Offices Settle FCA Allegations Regarding Second-Draw PPP Loans for $6.3M
On August 8, 2024, the U.S. Attorney’s Office for the Central District of California announced a $6.3 million False Claims Act settlement with West Coast Dental Administrative Services LLC (formerly West Coast Dental Services Inc.) and its founders and former owners due to seven
Crowell and Moring LLP · Sep 6, 2024
August 2024 Bid Protest Sustain of the Month
As Summer Comes to a Close, So Does GAO’s Sustain Drought In last month’s Bid Protest Sustain of the Month installment, we noted that GAO was suffering from a sustain drought, having failed to issue a single sustained protest decision in the month of July. But it appears that dro
Crowell and Moring LLP · Sep 3, 2024
FCA Complaint Based on PPP Information Pulled from PandemicOversight.gov Website Barred
On August 5, 2024, in United States ex rel. Relator LLC v. Howard D. Kootstra and Golden Empire Mortgage, Inc., Case No. 1:22-cv-00924-TLN-CDB (E.D. Cal.), the District Court for the Eastern District of California granted a motion to dismiss allegations that a mortgage lender mad
Crowell and Moring LLP · Sep 3, 2024
Special Edition of the Fastest 5 Minutes
SBA Proposed Rule to Update Various SBA Small Business Programs This special edition covers the SBA’s August 2024 proposed rule to update and clarify various small business programs, and is hosted by Yuan Zhou and Olivia Lynch. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly
Crowell and Moring LLP · Sep 3, 2024
HHS Proposes Using Procurement Policy to Push Health IT Standards
The Department of Health and Human Services (HHS) continues its push on health data interoperability with a proposed rule, HHS Acquisition Regulation: Acquisition of Information Technology; Standards for Health Information Technology. Specifically, HHS proposes to modify the Heal
Crowell and Moring LLP · Sep 3, 2024
Natural Intelligence: NIST Releases Draft Guidelines for Government Contractor Artificial Intelligence Disclosures
On August 21, 2024, the National Institute of Standards and Technology (NIST) released the Second Public Draft of Digital Identity Guidelines (hereinafter, “Draft Guidelines”) for final review. The Draft Guidelines introduce potentially notable requirements for government contrac
Crowell and Moring LLP · Aug 29, 2024
SBA Proposed Rule Would Enact Material Changes as Well as Promote Regulatory Uniformity Across Size and Status Programs
On August 23, 2024, the Small Business Administration (SBA) posted a proposed rule to update and clarify aspects of various SBA small business programs, including but not limited to the HUBZone Program and 8(a) Business Development Program. This proposed rule followed SBA’s July
Crowell and Moring LLP · Aug 29, 2024
2024 Bid Protest Sustain of the Month
The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. Below, Crowell Consultant Ch
Crowell and Moring LLP · Aug 9, 2024
Criminal Enforcement Considerations for Gov’t Contractors
The federal government’s renewed focus on corporate misconduct and the recent expansion of its disclosure and whistleblower policies have thrust corporate criminal liability into the spotlight. It may come as no surprise that corporations are legal persons capable of committing c
Crowell and Moring LLP · Aug 9, 2024
Fastest 5 Minutes
Clearances for Joint Ventures, Mentor-Protégé Program, GSA Schedule This week’s episode covers a DoD memorandum establishing procedures for covered joint venture facility security clearances, an SBA notice relating to the Mentor-Protégé Programs, and an upcoming mass modification
Crowell and Moring LLP · Aug 9, 2024
Enhanced Review by the Department of Energy’s Office of Inspector General into the Loan Programs Office Poses Increased Risks to Loan Program Applicants
As the Department of Energy’s (“DOE”) Loan Programs Office (“LPO”) continues to finance clean energy manufacturing and deployment in the United States, the recent announcement by the DOE’s Office of Inspector General’s (“DOE OIG”) that it intends to scrutinize LPO’s due diligence
Crowell and Moring LLP · Aug 9, 2024
“Help Wanted”: Justice Department Debuts its Corporate Whistleblower Awards Pilot Program
On August 1, 2024, Deputy Attorney General Lisa Monaco unveiled the Department of Justice’s new Corporate Whistleblower Awards Pilot Program. The announcement marks the conclusion of the Department’s previously announced “sprint” towards a pilot program, as DAG Lisa Monaco first
Crowell and Moring LLP · Aug 9, 2024
Agency Said Awardee Fully Mitigated OCI; GAO Says: “Nope!”
Most organizational conflict of interest (OCI) sustains arise where the record shows that an agency failed to analyze the potential for a conflict. But GAO’s decision in A Square Group, LLC, is a rarer type of OCI sustain: the agency considered the purported OCI and documented it
Crowell and Moring LLP · Jul 29, 2024
Fastest 5 Minutes
Procurement Integrity Act, Federal Bribery Law This week’s episode covers a GAO protest regarding the Procurement Integrity Act and a U.S. Supreme Court decision narrowing the scope of federal bribery law, and is hosted by Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a b
Crowell and Moring LLP · Jul 29, 2024
SBA Seeks Comment on Prospective Policy Change Regarding Mentor-Protégé Joint Venture Eligibility For Multiple Award Contracts
On July 22, 2024, the Small Business Administration (SBA) posted a notification of tribal consultation meeting and request for comments regarding updates to the HUBZone and 8(a) Business Development Programs. Of critical importance for any contractors participating in the SBA’s M
Crowell and Moring LLP · Jul 26, 2024
June 2024 Bid Protest Sustain of the Month
GAO issued three sustain decisions in June, but the Sparksoft Corporation decision stands out for its discussion of prejudice. In Sparksoft, the Centers for Medicare and Medicaid Services (CMS) sought to procure supplemental security testing for the agency’s Center for Clinical S
Crowell and Moring LLP · Jul 18, 2024
Fastest 5 Minutes
FAR Part 40, Cyber Reporting, Bid Protest This week’s episode covers a proposed rule to replace the phrase “significant deficiency” with “material weakness” for the government’s evaluation of contractor business systems, a GAO report on Defense Counterintelligence and Security Ag
Crowell and Moring LLP · Jul 10, 2024
Nationwide Injunction Halts Key Provisions of Davis-Bacon Act Regulations
On June 24, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction, stopping the U.S. Department of Labor (“DOL”) from enforcing three key elements of regulations related to the Davis-Bacon Act and Related Acts (“DBA” or “Act”)
Crowell and Moring LLP · Jul 10, 2024
Supreme Court Rules Gratuity Insufficient For Conviction Under Federal Bribery Law
On June 26, 2024, a 6-3 majority of the U.S. Supreme Court narrowed the scope of federal bribery law by ruling that 18 U.S.C. § 666 does not cover gratuities provided to officials for past acts. The Court held that Section 666, which outlaws bribery of state and local officials w
Crowell and Moring LLP · Jul 10, 2024
Taking Care of Business (Systems): DoD Proposes to Change the Definition of a Business System Deficiency
The Department of Defense (DoD) recently announced that it seeks public comments on a proposed change to the contractor business systems regime. The proposed rule would amend the Defense Federal Acquisition Regulation Supplement (DFARS) by replacing the phrase “significant defici
Crowell and Moring LLP · Jul 10, 2024
Another One: It Pays to Consult the DOJ under the Civil Cyber Fraud Initiative
On June 17, 2024, the Department of Justice (DOJ) announced a $11.3 million False Claims Act (FCA) settlement that touches on two key enforcement priorities: the DOJ’s Civil Cyber-Fraud Initiative and pandemic-related fraud. This settlement, the largest under the Civil Cyber-Frau
Crowell and Moring LLP · Jun 27, 2024
Commerciality Guidance for Major Weapon System Procurements
On May 30, 2024, the Department of Defense (DoD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the 2023 National Defense Authorization Act, which modified 10 U.S.C. § 3455 to provide additional guidance rega
Crowell and Moring LLP · Jun 27, 2024