Government Contracts Legal Forum
Legal analysis of government contracting.
June 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 · Jul 31, 2023
Private Sector Helps Lead the Way: Biden-Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI
On July 21, 2023, the Biden administration announced that seven companies leading the development of artificial intelligence (AI) — Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI — have made voluntary commitments, which the companies agreed to undertake immedi
Crowell and Moring LLP · Jul 28, 2023
Biden Admin Eyes IoT Cyber Practices
On June 18, 2023, the Biden-Harris administration announced the launch of a new “U.S. Cyber Trust Mark” program (hereinafter the “Program”). First proposed by Federal Communication Commission (“FCC”) Chairwoman Jessica Rosenworcel, the Program aims to increase transparency and co
Crowell and Moring LLP · Jul 21, 2023
Fastest 5 Minutes: AI, CIO-SP4, Bid Protests
This week’s episode covers a GAO report on DoD artificial intelligence acquisition, an update on the CIO-SP4 procurement, and a bid protest decision involving a dispute about the enforceability of non-compete agreements, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring
Crowell and Moring LLP · Jul 21, 2023
Watchdog Says: DoD Needs Department-Wide AI Acquisition Guidance
On June 29, 2023, the Government Accountability Office (GAO) released its second report1 on Department of Defense (DoD) artificial intelligence (AI) a
Crowell and Moring LLP · Jul 17, 2023
Fastest 5 Minutes: DHS Cybersecurity, Embracing Commercial Innovation, Bid Protests
This week’s episode covers a DHS final rule implementing measures to safeguard Controlled Unclassified Information and facilitate improved incident reporting to DHS, a letter from Silicon Valley defense technology and venture capital firms calling on DoD to better embrace and sca
Crowell and Moring LLP · Jul 14, 2023
Venture Capital Firms and Non-Traditional Defense Technology Contractors Push for DoD Procurement Reform and Defense Industrial Base Expansion
On June 23, 2023, a coalition of companies, including venture capital firms like Kleiner Perkins, General Catalyst and Founders Fund, and start-up defense technology companies, published an open letter to the Department of Defense (DoD), addressed to Secretary Lloyd J. Austin, pe
Crowell and Moring LLP · Jul 5, 2023
Let’s Talk FCA: Supreme Court Upholds DOJ’s Broad Dismissal Authority
In this episode, Jason Crawford, Agustin Orozco, and Lyndsay Gorton discuss the Supreme Court’s opinion in United States ex rel. Polansky, which held in an 8-1 decision that the Department of Justice maintains broad authority to dismiss qui tam cases over a relator’s objection. T
Crowell and Moring LLP · Jul 5, 2023
All Things Protest: Recent Corrective Action and Clarification Wins
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. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts The post All Th
Crowell and Moring LLP · Jul 5, 2023
SBA OIG Believes at Least 20% of EIDL and PPP Loans Disbursed Are Potentially Fraudulent
On June 27, 2023, the Small Business Administration (SBA) Office of Inspector General (OIG) reported its estimate that SBA disbursed over $200 billion of potentially fraudulent COVID relief, including Economic Injury Disaster Loans (EIDL) and Paycheck Protection Program (PPP) loa
Crowell and Moring LLP · Jun 28, 2023
May 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 · Jun 28, 2023
Fastest 5 Minutes: Software Self-Attestation, Domestic Sourcing, Supply Chain
This week’s episode covers an OMB memo that extends the deadline by which agencies must collect attestation letters from software producers certifying their compliance with the NIST Guidance, a proposed DFARS clause implementing revisions to the Buy American Act, an interim rule
Crowell and Moring LLP · Jun 22, 2023
Homeland Cybersecurity: DHS Overhauls Its CUI Program, Releases New Contract Clauses
On June 21, 2023, the Department of Homeland Security (DHS) issued a final rule amending the Homeland Security Acquisition Regulation (HSAR) by updating an existing clause (HSAR 3052.204-71) and adding two new contract clauses (HSAR 3052.204-72 and 3052.204-73) to address safegua
Crowell and Moring LLP · Jun 21, 2023
See(2)(A) You Later: Supreme Court Holds that DOJ Has Broad Dismissal Authority Even After Unsealing
On June 16, 2023, the U.S. Supreme Court, in United States ex rel. Polansky v. Executive Health Resources Inc., held that the Government may seek dismissal of a False Claims Act (“FCA”) qui tam suit over a relator’s objection so long as it intervenes in the litigation, either dur
Crowell and Moring LLP · Jun 21, 2023
April 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, Government Con
Crowell and Moring LLP · Jun 20, 2023
GSA and SBA Move Forward with Plans to Establish an 8(a) MAS Pool in July 2023
On May 25, 2023, the General Services Administration (GSA) and Small Business Administration (SBA) announced,our%20Nation%27s%20small%2C%20disadvantaged%20businesses.) the launch of the 8(a) Multiple Award Schedule (MAS) Pool Initiative. This Initiative advances President Biden’s
Crowell and Moring LLP · Jun 16, 2023
Softening the Blow: OMB Extends Software Supply Chain Security Deadline and Clarifies Scope
On June 9, 2023, the Office of Management and Budget (OMB) released M-23-16, Update to Memorandum M-22-18, which alters key deadlines and clarifies how agencies and software developers can comply with M-22-18. The original memorandum, published in September 2022, required all fed
Crowell and Moring LLP · Jun 13, 2023
Money Talks, But So Do Other Impacts: ASBCA Underscores that a Claim with Possible Financial Impacts Is Not Fundamentally a Monetary Claim Unless It Has No Other Significant Consequences
On May 15, 2023, the Armed Services Board of Contract Appeals (“ASBCA” or “the Board”) in J&J Maintenance, Inc., d/b/a J&J Worldwide Services, ASBCA No. 63013 issued an instructive analysis of its jurisdiction to hear monetary and nonmonetary claims. Partially granting a governme
Crowell and Moring LLP · Jun 9, 2023
MOVEit Vulnerability: What to Know and What to Do
A new Cybersecurity & Infrastructure Security Agency (CISA) alert advises that, starting in late May, a well-known ransomware group called Clop compromised a widely used managed file transfer (MFT) platform called MOVEit Transfer, reportedly impacting hundreds of companies global
Crowell and Moring LLP · Jun 8, 2023
Fastest 5 Minutes: TikTok, Artificial Intelligence, SAM
This week’s episode covers the interim FAR provision that prohibits the presence or use of TikTok on certain types of contractor IT, the updated version of the National Artificial Intelligence Research and Development Strategic Plan, and a Court of Federal Claims decision involvi
Crowell and Moring LLP · Jun 8, 2023
Save the Last (Byte) Dance: New Interim Rule Bars TikTok and Successor ByteDance Apps
On June 2, 2023, the FAR Council issued an Interim Rule with immediate effect that prohibits the presence or use of the TikTok app on “information technology” (IT) equipment used by government contractors and contractor personnel in the performance of a contract. The interim rule
Crowell and Moring LLP · Jun 5, 2023
March 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 · May 30, 2023
Check Your SAM Registration Early and Often
Federal contractors must be registered on SAM.gov to be eligible for award of federal contracts. Failure to do so can have significant consequences, as the recent U.S. Court of Federal Claims (CFC) decision in Myriddian, LLC v. United States, No. 23-443 makes clear. In Myriddian,
Crowell and Moring LLP · May 25, 2023
Fastest 5 Minutes: Controlled Unclassified Information, Debt Ceiling, Small Business Administration
This week’s episode covers the proposed Secure Software Self-Attestation Common Form issued by CISA, OFCCP’s issuance of a modified version of its initial proposed revisions to the Scheduling Letter and Itemized Listing, and a Civilian Board of Contract Appeals decision about jur
Crowell and Moring LLP · May 24, 2023
The Federal Circuit Reconsiders the Impact of Standing and Prejudice on the Court of Federal Claims’ Bid Protest Jurisdiction
Good news for potential protesters at the Court of Federal Claims (CFC). On May 10, 2023, in CACI, Inc.-Federal v. United States, No. 2022-1488, the United States Court of Appeals for the Federal Circuit issued a sweeping decision holding questions of protester standing and preju
Crowell and Moring LLP · May 22, 2023