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A recent U.S. Court of Federal Claims (COFC) decision serves as an important reminder that when the Government Accountability Office (GAO) denies a protest, this is not necessarily the end of the road. Often, contractors retain the right to file a new protest at the COFC, which conducts its own de novo review of the procurement record. This so-called “second bite at the apple” protest is a powerful tool as the COFC’s recent decision in Chugach Logistics & Facility Services JV, LLC v. USA makes clear.

In a post-award bid protest involving a nearly $100 million United States Navy Base Operations Support Contract (BOSC), Chugach Logistics and Facility Services JV, LLC (Chugach) filed a protest at GAO contesting the award of the BOSC to CCS King George 2, LLC (CCS KG).  Chugach argued that the agency unreasonably evaluated proposals and made a flawed source selection decision. GAO denied the protest. Chugach then filed an action at the COFC. On August 17, 2026, the COFC reached a materially different outcome — sustaining the protest and ordering the Navy to cancel the award.

Continue Reading Recent Court Decision Highlights Effectiveness of “Second Bite” Protests
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Fraud Enforcement, Offensive Cyber Operations, Executive Privilege

This week’s episode covers a memo outlining the National Fraud Enforcement Division’s enforcement priorities, a White House memo that authorizes certain private sector offensive cyber operations, and a DOJ opinion relating to executive privilege, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

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The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice keeps you up to date with a summary of one of the most notable bid protest sustain decisions each month. Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen discusses GAO’s decision in Veros Real Estate Solutions, LLC, where the VA’s past performance relevancy evaluation unraveled under GAO scrutiny for lacking any meaningful supporting analysis.

Continue Reading July 2026 Bid Protest Sustain of the Month: Four Reports, Zero Analysis, One Problem – VA’s Past Performance Evaluation Falls Short
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In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer.

Continue Reading ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International
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This special edition covers the Pentagon’s recent suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements and initiation of a 60-day review by the CMMC Reform Task Force, and is hosted by Yuan Zhou, Kate Growley, and Nkechi Kanu. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Continue Reading Special Edition of the Fastest 5 Minutes: Suspension of CMMC Phase II Requirements
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The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice keeps you up to date with a summary of one of the most notable bid protest sustain decisions each month. Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen discusses GAO’s decision in Veterans Management Services, Inc., which provides an important reminder that once an agency sets the rules for the procurement, it must play by them.

Continue Reading June 2026 Bid Protest Sustain of the Month: GAO Reminds Agencies that Once You’ve Set the Rules, You Have to Play by Them
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As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights.

Continue Reading CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
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The Department of War (DoW) is immediately suspending Cybersecurity Maturity Model Certification (CMMC) Phase II requirements, which had been scheduled to take effect on November 10, 2026.

Continue Reading Department of War Immediately Suspends CMMC Phase II Requirements, Launches 60-Day Reform Review
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This week’s episode covers new FAR Council guidance implementing the fixed-price contracting mandate under Executive Order 14402, a Federal Circuit decision on bid protest timeliness, an advance notice of proposed rulemaking about printed circuit boards, and a CAS Board final rule rescinding four Cost Accounting Standards, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Continue Reading Fastest 5 Minutes: Fixed-Price Contracting, Protests, CAS, Supply Chain
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We recently discussed the Federal Circuit’s decision in Global K9 Protection Group, LLC v. United States and the importance of intervening in bid protests, especially when an awardee’s interests may diverge from the government’s. Now, a more recent Court of Federal Claims decision, West Pacific-CMCS JV v. United States, provides additional guidance regarding intervention by a contract awardee.

Continue Reading Recent Court Decisions Provide Intervention Insights