Government Contracts Legal Forum
Legal analysis of government contracting.
Court of Federal Claims Holds Non-Bidder Has Standing to Protest Two Years After Contract Award
Last week, on March 9, 2023, in Percipient.ai, Inc. v. United States, the Court of Federal Claims held that Percipient.ai, Inc. (“Percipient”) had standing to protest a National Geospatial-Intelligence Agency (“NGA”) procurement called “SAFFIRE” intended to improve the agency’s p
Crowell and Moring LLP · Mar 16, 2023
President Biden Outlines White House Priorities in FY 2024 Budget Request
On March 9, 2023, President Biden released his fiscal year (FY) 2024 budget request outlining the administration’s priorities, including a nearly 10 percent increase in discretionary spending over the current enacted funding levels. The President’s budget requests a total of $6.9
Crowell and Moring LLP · Mar 15, 2023
Biden Administration Announces Significant Funding Initiative for Decarbonization Projects
On March 8, 2023, the Biden Administration announced a further opportunity for companies to take advantage of significant federal funding intended to promote clean manufacturing and reduce greenhouse gas emissions in federal procurement. In line with the Biden Administration’s pu
Crowell and Moring LLP · Mar 13, 2023
DOT Releases Final Standards for Federally Funded EV Charging Stations
The Department of Transportation’s Federal Highway Administration has issued final standards for the installation, operation, and maintenance of electric vehicle (EV) charging stations paid for with federal funds pursuant to the Infrastructure Investment and Jobs Act (IIJA) and o
Crowell and Moring LLP · Mar 10, 2023
Lincoln’s Law Turns 160
March 2, 2023, marked the 160-year anniversary of the enactment of the False Claims Act (FCA). Signed into law by the sixteenth president, the statute known as “Mr. Lincoln’s Law” was passed in response to the actions of contractors that sold rancid food, faulty rifles, and shodd
Crowell and Moring LLP · Mar 10, 2023
The Top FCA Developments of 2022
2022 was a busy year for the False Claims Act. While recoveries were down, new cases reached a record mark, and settlements addressed multiple important and developing enforcement areas, from cybersecurity to small business fraud, bid rigging, Trade Agreements Act compliance, pan
Crowell and Moring LLP · Mar 8, 2023
SAM.gov
As of the morning of March 8, 2023, SAM.gov is experiencing an unexpected outage and the system also appears to be generating false emails. Until this issue is resolved, companies and administrators should consider refraining from clicking on any links or email addresses within a
Crowell and Moring LLP · Mar 8, 2023
February 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 · Mar 6, 2023
Biden Administration Releases Comprehensive National Cybersecurity Strategy
On March 2, 2023, the Biden Administration released the 35-page National Cybersecurity Strategy (the “Strategy”) with a goal “to secure the full benefits of a safe and secure digital ecosystem for all Americans.” Summary and Analysis The Strategy highlights the government’s commi
Crowell and Moring LLP · Mar 6, 2023
Hundreds of Millions of Potential Liability Result from Federal Jury False Claims Act Verdict Against Ophthalmology Product Distributor
In a prime example of the significant interplay between the Anti-Kickback Statute (“AKS”) and the False Claims Act (“FCA”), a federal jury has returned a verdict of more than $43 million in damages against Cameron-Ehlen Group, Inc., which does business as “Precision Lens,” and it
Crowell and Moring LLP · Mar 6, 2023
Court of Federal Claims Reveals 2022 Protest Statistics
In a speech released last week, Judge Patricia Campbell-Smith of the U.S. Court of Federal Claims shared information regarding the Court’s bid protest statistics in recent years. Although GAO publishes its bid protest statistics on its website each year in connection with its Bid
Crowell and Moring LLP · Mar 2, 2023
CHIPS in for the Children: First Round of CHIPS Act Funding Conditioned on Provision of High-Quality, Affordable, and Reliable Child Care
On Tuesday, the Department of Commerce (Commerce) issued the First Notice Of Funding Opportunity (First NOFO) under the CHIPS and Science Act of 2022 (CHIPS Act), P.L. 117-167. As we have covered, the CHIPS Act provides for federal funding and assistance for the U.S. semiconducto
Crowell and Moring LLP · Mar 2, 2023
Fastest 5 Minutes: Voluntary Disclosures, Disruptive Technology Strike Force
This week’s episode covers DOJ’s Voluntary Self-Disclosure Policy, a new Disruptive Technology Strike Force, and a bid protest involving evaluation of a joint venture’s past performance, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweek
Crowell and Moring LLP · Mar 2, 2023
Commerce Department Opens First Round of CHIPS Act Funding for Semiconductor Manufacturers
On February 28, 2023, the Commerce Department released the first Notice of Funding Opportunity (“First NOFO”) under the recently enacted CHIPS and Science Act (CHIPS Act), P.L. 117-167. The First NOFO seeks applications for assistance—including direct funding, loans, and loan gua
Crowell and Moring LLP · Mar 1, 2023
January 2023 Bid Protest Sustain of the Month
Crowell & Moring is pleased to announce its 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 Partner Cherie O
Crowell and Moring LLP · Feb 27, 2023
New Voluntary Self-Disclosure Policy for All United States Attorney’s Offices
On February 22, 2023, United States Attorneys for the Southern and Eastern District of New York announced a new, nationwide United States Attorneys’ Offices Voluntary Self-Disclosure (“VSD”) Policy. The policy applies to all United States Attorney’s Offices and is effective immed
Crowell and Moring LLP · Feb 24, 2023
When it Comes to Joint Venture Experience, Perfection May Be Hard to Attain(X)
On January 23, 2023, in AttainX, the Government Accountability Office (GAO) sustained the protest of an award to an 8(a) joint venture based on, among other reasons, a finding that the agency’s evaluation of the joint venture’s experience was inconsistent with the Small Business
Crowell and Moring LLP · Feb 23, 2023
Let’s Talk FCA: False Claims Act Enforcement Trends
In this episode, hosts Michael Shaheen and Jason Crawford discuss the Department of Justice’s recently announced False Claims Act (FCA) recovery statistics for fiscal year 2022. The podcast breaks down last year’s FCA activity—which included a record number of new matters—and con
Crowell and Moring LLP · Feb 21, 2023
Fasted 5 Minutes: GSA Software Acquisition and False Claims Act
This week’s episode covers new guidance from GSA about acquisition of approved software, DOJ’s report of activity under the False Claims Act during FY22, and DoD’s use of innovative commercial products and services using general solicitation competitive procedures, and is hosted
Crowell and Moring LLP · Feb 17, 2023
Buy America, by Americans—Office of Management and Budget Solicits Industry Input on Harmonizing Domestic Preference Regimes
As previewed in President Biden’s State of the Union Address, the Office of Management and Budget (OMB) issued a proposed rule and notification of proposed guidance on February 9, 2023 to improve uniformity and consistency in the implementation of Build America, Buy America (BABA
Crowell and Moring LLP · Feb 16, 2023
What DOJ’s 2022 Recovery Stats Reveal About FCA Enforcement Trends
On February 7, 2023, the Department of Justice issued the False Claims Act (FCA) recovery statistics for fiscal year 2022. While the $2.2 billion recovered by the Department and qui tam relators was down from the prior year, 2022 saw a record number of new FCA matters initiated.
Crowell and Moring LLP · Feb 13, 2023
New Registration Requirement for Contractors and Subcontractors Performing Public Works and Covered Private Projects in New York
On December 30, 2022, New York Governor signed into law Labor Law Section 240-i, establishing a registration system for contractors and subcontractors engaged in public work and covered private projects in New York. This law will require contractors to register with the New York
Crowell and Moring LLP · Feb 9, 2023
Fastest 5 Minutes: Bid Protests and VA Acquisition Regulation
This week’s episode covers a bid protest decision relating to discussions, a Federal Circuit decision about jurisdiction under the Federal Acquisition Streamlining Act, and an update to the VA Acquisition Regulation, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “
Crowell and Moring LLP · Feb 6, 2023
Fastest 5 Minutes: Special Edition – Infrastructure and Inflation Reduction Act in 2023
This special edition of the Fastest 5 Minutes podcast covers recent developments related to the Infrastructure Bill and Inflation Reduction Act, and key areas to watch in 2023. The podcast features a cross practice team of Crowell partners, so we offer perspectives from tax, ener
Crowell and Moring LLP · Jan 24, 2023
Fastest 5 Minutes: SBIR and Contractor Minimum Wage
This week’s episode covers the designation of agency labor advisors, a proposed rule implementing the data rights portions of Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive, the dismissal of a challenge to the recent Exe
Crowell and Moring LLP · Jan 20, 2023