Government Contracts Legal Forum
Legal analysis of government contracting.
At Long Last: CAS Board Seeks Input Regarding CAS Coverage of Indefinite Value Contract Vehicles
The Cost Accounting Standards Board (CASB) recently announced that it seeks public comments on “whether and how” to amend the rules to clarify whether the CAS apply to indefinite value contract vehicles (or IDVs, otherwise known as indefinite-delivery / indefinite-quantity, or ID
Crowell and Moring LLP · Jun 27, 2024
GSA Incentivizes FSS Contractors to Reduce Single-Use Plastic but Rejects Banning Plastic in Federal Procurement
On June 6, 2024, the General Services Administration (GSA) issued a final rule seeking to minimize the use of single-use plastic (SUP) packaging materials in goods procured through the Federal Supply Schedules (FSS). Rather than instituting an outright ban on SUP packaging, GSA o
Crowell and Moring LLP · Jun 27, 2024
<h2 class="wp-block-heading"><strong>Special Ed...
Special Edition of the Fastest 5 Minutes Federal Circuit Protest Ruling in Percipient.ai, Inc. v. United States This special edition covers the Federal Circuit’s June 2024 protest decision in Percipient.ai, Inc. v. United States, and is hosted by Yuan Zhou and Anuj Vohra. Crowell
Crowell and Moring LLP · Jun 24, 2024
DoD Expands Restrictions on Supply Chain for Certain Magnets, Tantalum, and Tungsten
On May 30, 2024, the Department of Defense (DoD) issued a final rule implementing Section 844 of the Fiscal Year (FY) 2021 National Defense Authorization Act (NDAA) and Section 854 of the FY 2024 NDAA by amending DFARS 225.7018-2 and accompanying DFARS clause 252.225-7052, which
Crowell and Moring LLP · Jun 24, 2024
An Uplifting Tale: Crane Supplier Recovers Breach Damages Because Commercial-Item Contract Did Not Incorporate Stop-Work Clause
In Konecranes Nuclear Equip. Servs. LLC, ASBCA, Nos. 62797, 62827 (May 7, 2024), the Armed Services Board of Contract Appeals (Board) awarded approximately $4.9 million in delay-related breach damages to Konecranes Nuclear Equipment Services (Konecranes) due to the Navy’s breach
Crowell and Moring LLP · Jun 20, 2024
Funny Money: Federal Circuit Gives Its Two Cents, Reverses Dismissal of Implied-In-Fact Contract Claim
In Portland Mint v. United States, Case No. 22-2154, the Court of Appeals for the Federal Circuit reinstated the Portland Mint’s claim that the government breached an implied-in-fact contract to pay the Portland Mint for coins tendered under the government’s Mutilated Coin Redemp
Crowell and Moring LLP · Jun 20, 2024
Federal Circuit Narrows FASA Task Order Bar; Expands “Interested Party” Standing
In Percipient.ai, Inc. v. United States, the Federal Circuit considered Percipient.ai Inc.’s (Percipient) protest arising out of the National Geospatial-Intelligence Agency’s (NGA) SAFFIRE procurement, for the improvement of the agency’s production, storage, and integration of ge
Crowell and Moring LLP · Jun 12, 2024
Fastest 5 Minutes
Commerciality, Employee-Owned Businesses, Procurement Collusion Strike Force This week’s episode covers a final rule regarding commerciality and price reasonableness under procurements for major weapon systems, a DOD pilot program involving employee-owned businesses, and an updat
Crowell and Moring LLP · Jun 12, 2024
Why Should They Have All the Fun? DoD Instruction Expands DCSA’s FOCI Reach Beyond Cleared Contractors
On May 13, 2024, the Department of Defense (DoD) issued an instruction implementing policies and procedures that DoD will use to identify contractors (including uncleared contractors) requiring foreign ownership, control, and influence (FOCI) determinations, review related inform
Crowell and Moring LLP · Jun 12, 2024
Board Sustains Lockheed Martin’s $131 Million Cumulative Impact Claim
In Lockheed Martin Aeronautics Company, ASBCA No. 62209 (a C&M case), the Armed Services Board of Contract Appeals (Board) awarded $131,888,860 in damages plus applicable interest in connection with Lockheed Martin’s claim for the cumulative disruptive impacts it experienced in p
Crowell and Moring LLP · Jun 12, 2024
Contractor’s Copyright Infringement Claims Raise Issues That “Must be Addressed at Trial”
On May 3, 2024, in Geospatial Technology Associates, LLC v. United States, COFC No. 16-346C, the U.S. Court of Federal Claims denied the government’s motion to dismiss for lack of jurisdiction and, alternatively, for summary judgment due to alleged inaccuracies in a copyright reg
Crowell and Moring LLP · Jun 12, 2024
Government Contracts
It All Adds Up Nicole Owren-Wiest and Erin Rankin continue their discussion of TINA. In this episode, they dive into the definition of cost or pricing data. Spoiler alert: the devil’s in the details. “It All Adds Up” is Crowell & Moring’s podcast covering the latest government co
Crowell and Moring LLP · Jun 11, 2024
Fastest 5 Minutes
Cyber, Semiconductors, AI, False Claims Act This week’s episode covers cybersecurity updates, a proposed rule regarding prohibition on semiconductors produced by certain Chinese manufacturers, DOL guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Fed
Crowell and Moring LLP · May 28, 2024
Civilian Board Denies Department of Energy Motion to Dismiss
In the Crowell & Moring case Parsons Government Services, Inc. v. Department of Energy.pdf), CBCA 7822, the Civilian Board of Contract Appeals (Board) denied the government’s motion to dismiss concerning Parsons’ claim for additional incentive fee in connection with its performan
Crowell and Moring LLP · May 21, 2024
Sustainable Procurement Update: Spring 2024
During the month of April, the Biden administration has continued to leverage federal procurement in pursuit of ambitious environmental sustainability policy goals. The most recent round of new regulations and initiatives finds the administration seeking to strengthen purchasing
Crowell and Moring LLP · May 20, 2024
NIST Releases Final Version of NIST SP 800-171, Revision 3
On May 14, 2024, the National Institute of Standard and Technology (NIST) published the final versions of Special Publication (SP) 800-171 Revision 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations and its companion assessment guide, NIST S
Crowell and Moring LLP · May 20, 2024
Harmonizing AI with EEO Requirements: OFCCP’s Blueprint for Federal Contractors
Now more than ever, federal contractors find themselves at the intersection of innovation and regulation, particularly in the realm of Artificial Intelligence (AI). AI is now incorporated into a broad range of business systems, including those with the potential to inform contrac
Crowell and Moring LLP · May 20, 2024
EPA’s Busy April for CERCLA and PFAS:New CERCLA Authority, an Enforcement Escape Hatch, and the Continued Search for Viable Cleanup Technologies
On April 19, 2024, EPA signed the highly anticipated final rule designating two types of PFAS as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At the same time, David M. Uhlmann, Assistant Admini
Crowell and Moring LLP · May 9, 2024
“(Don’t) Let the Chips Fall Where They May”: FAR Council Previews Proposed Rule Implementing the Covered Semiconductor Prohibition
On May 3, 2024, the Federal Acquisition Regulation (FAR) Council issued an Advanced Notice of Proposed Rulemaking (ANPR) regarding the prohibition on semiconductors produced by certain Chinese manufacturers, enacted in Section 5949(a)(1) of the James M. Inhofe National Defense Au
Crowell and Moring LLP · May 9, 2024
No End “Insight” for DOJ’s Civil Cyber-Fraud Initiative
On May 1, 2024, the Department of Justice (DOJ) announced that Insight Global LLC (Insight), an international staffing and services company, will pay $2.7 million to resolve allegations that it violated the False Claims Act (FCA) by failing to implement adequate cybersecurity mea
Crowell and Moring LLP · May 7, 2024
It All Adds Up
Cards Face Up Nicole Owren-Wiest and Erin Rankin talk TINA. What is the Truthful Cost or Pricing Data Act, formerly known as the Truth in Negotiations Act? When are contractors and subcontractors required to provide certified cost or pricing data? And what does Nicole’s Cookie Mo
Crowell and Moring LLP · May 7, 2024
“Miss Me with Rev. 3,” Says DoD: DoD Issues Class Deviation Linking DFARS 7012 to NIST SP 800-171, Rev. 2
On May 2, 2024, the Department of Defense (DoD) issued a class deviation to DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 7012), specifying that contractors subject to the clause must comply with NIST SP 800-171, Revision 2. The
Crowell and Moring LLP · May 7, 2024
Fastest 5 Minutes
FAR Part 40, Cyber Reporting, Bid Protest This week’s episode covers a final rule updating the FAR to add Part 40 on information security and supply chain security, a notice of proposed rulemaking detailing how companies will have to comply with the Cyber Incident Reporting for C
Crowell and Moring LLP · Apr 30, 2024
OMB Final Rule Rewrites the Uniform Guidance for Grants, Cooperative Agreements, and Other Federal Financial Assistance
On April 22, 2024, the Office of Management and Budget (OMB) issued a Final Rule significantly revising the Uniform Guidance for grants, cooperative agreements, and other federal financial assistance. The Final Rule (titled “OMB Guidance for Federal Financial Assistance”), and OM
Crowell and Moring LLP · Apr 30, 2024
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS). Specifically, this acquisition letter clar
Crowell and Moring LLP · Apr 22, 2024