Government Contracts Legal Forum
Legal analysis of government contracting.
November Bid Protest Sustain of the Month
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, 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 Partne
Crowell and Moring LLP · Dec 18, 2023
Be Careful What You Wish For: Limited Commercial Subcontract Flowdowns May Increase Administrative Burdens
The Department of Defense recently issued a long-awaited final rule prohibiting DoD prime contractors from “flowing down” FAR and DFARS clauses in subcontracts for commercial products or services, unless flowdown is specified by regulation. This rule implements language, dating f
Crowell and Moring LLP · Dec 14, 2023
Fastest Five Minutes: Commercial Products and Services
This week’s episode covers a DoD final rule that revises DFARS 252.244-7000 (Subcontracts for Commercial Products or Commercial Services), a protest decision relating to key personnel, and a DOJ resolution demonstrating the application of the new safe harbor policy for voluntary
Crowell and Moring LLP · Dec 14, 2023
Board “Evicts” Government Termination: Contractor Awarded Expected Lost Profits for Improper Lease Termination
n Flatland Realty, LLC, ASBCA No. 63409.pdf), the Armed Services Board of Contract Appeals (Board) granted an appeal seeking damages, plus interest, from an improper termination for default. In an uncommon result, the Board awarded lost profit expectancy damages because the gover
Crowell and Moring LLP · Dec 13, 2023
All Things Protest: GAO’s Decision in Global Alliant – Highlighting Pitfalls Surrounding Key Personnel Issues and Discussions
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, host Christian Curran highlights a recent GAO decision wit
Crowell and Moring LLP · Nov 30, 2023
DoD Releases Additional Guidance on the Department’s Artificial Intelligence Strategy
On November 2, 2023, the Department of Defense (DoD) released its 2023 DoD Data, Analytics, and Artificial Intelligence Adoption Strategy (2023 Strategy), and an accompanying Fact Sheet, to accelerate the adoption of analytics, data, and artificial intelligence (AI) technologies
Crowell and Moring LLP · Nov 30, 2023
Fastest 5 Minutes: FedRAMP, Protecting CUI, Better Contracting Initiative
This week’s episode covers FedRAMP’s announcement about AI-related products, the White House’s next phase of the federal government’s enterprise procurement approach (the Better Contracting Initiative), NIST’s updates regarding protection of controlled unclassified information, a
Crowell and Moring LLP · Nov 28, 2023
October Bid Protest Sustain of the Month
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, 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 Partne
Crowell and Moring LLP · Nov 21, 2023
Fastest 5 Minutes
Artificial Intelligence, Small Business Subcontracting, JV Security Clearances This week’s episode covers the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, a final SBA rule allowing prime contractors to receive small business
Crowell and Moring LLP · Nov 17, 2023
Biden-Harris Administration Announces the “Better Contracting Initiative” Strategy to Improve Federal Contracting
On November 8, 2023, the Biden-Harris Administration announced the Better Contracting Initiative (BCI), a four-pronged initiative to ensure that the federal government is getting the best terms and prices when purchasing goods and services. The federal government purchases billio
Crowell and Moring LLP · Nov 14, 2023
The Holidays Come Early: NIST Unwraps Final Draft Revision 3 to NIST SP 800-171
On November 9, 2023, the National Institute of Standards and Technology (“NIST”) released the Final Public Draft (“FPD”) of Special Publication (“SP”) 800-171 Revision (“Rev.”) 3, “Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations” and the Ini
Crowell and Moring LLP · Nov 14, 2023
ASBCA’s FY 2023 Report – A Look at the Numbers
On November 1, 2023, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2023 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, Central I
Crowell and Moring LLP · Nov 8, 2023
GAO’s Bid Protest Sustain Rate Soars, but Is There a Catch?
On October 26, 2023, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. The total number of protests filed and the number of protests sustained by GAO increased significantly compared to Fiscal Year 2022—and GAO’s “Sus
Crowell and Moring LLP · Nov 6, 2023
September 2023 Bid Protest Sustain of the Month
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, 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 Partne
Crowell and Moring LLP · Nov 6, 2023
Biden’s Executive Order on Artificial Intelligence
On October 30, 2023, President Biden released an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). This landmark EO seeks to advance the safe and secure development and deployment of AI by implementing a society-wide ef
Crowell and Moring LLP · Nov 6, 2023
Fastest 5 Minutes: Federal Acquisition Supply Chain Security Act
This week’s episode covers the FAR clauses implementing the Federal Acquisition Supply Chain Security Act, updates to NASA’s Small Business Mentor Protégé Program, and DOJ’s new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions, an
Crowell and Moring LLP · Nov 1, 2023
New Guidance on Joint Venture Classified Information Access Determinations
On October 5, 2023, the Information Security Oversight Office issued Joint Notice 2024-01: Joint Ventures and Entity Eligibility Determinations (Joint Notice) with the Small Business Administration (SBA) and in coordination with the Department of Defense (DoD) to provide governme
Crowell and Moring LLP · Oct 31, 2023
August 2023 Bid Protest Sustain of the Month
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, 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 Partne
Crowell and Moring LLP · Oct 27, 2023
All Things Protest
Updates to SBA’s Ostensible Subcontractor Rule Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, host Olivia
Crowell and Moring LLP · Oct 25, 2023
Let’s Talk FCA
Civil-Cyber Fraud Initiative In this episode, Jason Crawford, Nkechi Kanu, and Agustin Orozco discuss a recent settlement that underscores the DOJ’s increased use of the False Claims Act to enforce noncompliance with cybersecurity requirements. “Let’s Talk FCA” is Crowell & Morin
Crowell and Moring LLP · Oct 25, 2023
Affiliation Renders PPP Borrower Not Small for its $6.28M PPP Loan, Resulting in a $9M FCA Settlement
On October 11, 2023, the Department of Justice announced a $9 million settlement with Victory Automotive Group Inc. (VAG) to resolve allegations that it violated the False Claims Act (FCA) by knowingly providing false information in support of its Paycheck Protection Program (PPP
Crowell and Moring LLP · Oct 18, 2023
DOJ Announces Safe Harbor for Acquirers Who Disclose Pre-Acquisition Misconduct
On October 4, 2023, Deputy Attorney General (DAG) Lisa O. Monaco announced the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (Safe Harbor Policy). Following other announcements from DOJ over th
Crowell and Moring LLP · Oct 13, 2023
Coming December 4: Do You Know Where Your Supply Chain Risks Are? FAR Council Issues Interim Rule Requiring Contractor Diligence for FASC Exclusion and Removal Orders
On October 5, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule to prohibit, in the performance of a government contract, the delivery or use of “covered articles” (which includes certain information technology and telecommunications equipment, hard
Crowell and Moring LLP · Oct 12, 2023
Fastest Five Minutes: Cybersecurity, Minimum Wage, Sustainability
This week’s episode covers two proposed rules implementing Executive Order 14028, “Improving the Nation’s Cybersecurity,” the Department of Labor’s announcement of a change in the minimum wage rates for federal contractors, and the White House directive that federal agencies inco
Crowell and Moring LLP · Oct 12, 2023
Congress Discusses How To Govern The Acquisition of AI
On September 14, 2023, the Senate Committee on Homeland Security & Governmental Affairs hosted a hearing called “Governing AI Through Acquisition and Procurement” (Hearing). Senator Gary Peters (D-MI) opened the Hearing, explaining that the purpose was to explore how the U.S. gov
Crowell and Moring LLP · Oct 10, 2023