Government Contracts Legal Forum

Top Five Bid Protest Topics in 2017

Posted in Bid Protest, Legal Developments
Christian CurranOlivia LynchRob Sneckenberg

With 2017 firmly in the rear-view, it’s time to take stock of recent and anticipated bid protest developments.  Today, we’ll look back and highlight five of the most significant trends in 2017 bid protests.  In the near future, we’ll turn our gaze forward and predict the five most important protest developments to keep an eye on in 2018.

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Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
Peter J. EyreJ. Chris HaileElizabeth Buehler

This week’s episode covers commercial items and the 809 report, and is hosted by Peter Eyre, Chris Haile, and Elizabeth Buehler. 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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All Things Protest: The Inaugural Podcast

Posted in Bid Protest, Podcast
Christian CurranOlivia LynchRob Sneckenberg

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 inaugural episode, hosts Olivia Lynch, Rob Sneckenberg, and Christian Curran cover GAO’s FY2017 bid protest statistics, the RAND Corp.’s comprehensive report on DoD protests, bid protest reform in the FY2018 NDAA, and the ongoing work of the Section 809 Panel.

You can find the materials discussed in this episode here.

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Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
David B. RobbinsPeter J. Eyre

This week’s episode covers cloud computing, Escobar news, and the semiannual regulatory agenda, and is hosted by partners Peter Eyre and David Robbins. 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.

We are still accepting questions for Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at drobbins@crowell.com. Disclaimer: we cannot give legal advice unless and until we have an engagement letter in place.

When is a Required Evaluation Not Required? A Warning for Contractors Expecting the Government to Evaluate Professional Compensation

Posted in Bid Protest, Legal Developments
Rob Sneckenberg

Everyone can agree that professional employees should be compensated fairly and properly—both for the benefit of the employees and to ensure successful contract performance. However, a recent GAO decision could provide a loophole for agencies to forego the very evaluation designed to ensure that fair and proper compensation.

Contractors competing for work involving meaningful numbers of professional employees—and, in particular, incumbents seeking to prevent newcomers from undercutting their established professional compensation—should take note.

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Contractors: Getting Their Due – Part of Crowell & Moring’s 2018 Litigation Forecast

Posted in Legal Developments
Crowell & Moring

Crowell & Moring has issued its “Litigation Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.”

The government contracts section of the Forecast, “Contractors: Getting Their Due,” focuses on how more companies are disputing federal payments in court as a result of the increased competition for government contracts. The article notes that corporate legal departments are viewing recovery claims as a method for recouping funds owed to them and ultimately moving from a cost-and-compliance center to potentially becoming a revenue center.

The Forecast explores the important litigation trends and challenges that businesses may face in 2018, and it features an in-depth look at how data-driven innovation is driving new opportunities and risks for clients across industries.

Be sure to follow the conversation on Twitter with #LitigationForecast.

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Cybersecurity, False Claims, Podcast
David B. RobbinsPeter J. Eyre

This week’s episode covers False Claims Act items, GAO protests, and cybersecurity and is hosted by partners Peter Eyre and David Robbins. 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.

We are still accepting questions for Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at drobbins@crowell.com. Disclaimer: we cannot give legal advice unless and until we have an engagement letter in place.

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DOJ Reports $3.7 Billion in FY 2017 False Claims Act Recoveries

Posted in False Claims
Mana Elihu LombardoBrian Tully McLaughlinLaura CordovaJason M. Crawford

On December 21, 2017, the Department of Justice announced that it recovered more than $3.7 billion in settlements and judgments from civil False Claims Act (FCA) cases in Fiscal Year 2017. The FY 2017 figures reflect the government’s continued trend of annually amassing multi-billion dollar recoveries under the FCA.  This recovery is the fourth largest total in thirty years, and the eighth consecutive year that recoveries have exceeded $3 billion.

At the industry level, DOJ reported $2.47 billion in recoveries from the health care sector, and $220 million from defense companies.  The largest health care industry recoveries in FY 2017 came from the drug and medical device industry.  In the procurement fraud arena, the bulk of the recovery came from two large settlements, one involving charges to the Department of Defense and the other involving charges to the Department of Energy.  The government collected approximately $1 billion from the remaining industries, including national security, food safety and inspection, federally insured loans and mortgages, highway funds, small business contracts, agricultural subsidies, disaster assistance, and import tariffs.

The change in presidential administration appears to have had little effect on FCA activity.  DOJ continued its pursuit of individual owners and executives of private corporations under the FCA.  It entered into numerous settlements wherein individuals agreed to joint and several liability with their company.  DOJ also obtained over $60 million in FCA settlements and judgments with individuals that did not involve joint and several liability with the corporate entity.  Also, the number of new FCA actions in FY 2017 remained high with relators bringing 674 new qui tam matters and DOJ initiating 125 matters on its own.  Of the $3.7 billion recovery, $3.4 billion related to suits initiated by whistleblowers, and over $3 billion of that came from suits where the government either intervened or otherwise pursued the matter.  These numbers are consistent with the prior five years and suggest that the FCA will remain an active area for investigations and litigation in 2018.

NIST Gives Contractors Extra Time to Comment on Proposed Assessment Guide for NIST SP 800-171

Posted in Cybersecurity, Legal Developments
Kate M. Growley

As defense contractors continue to push towards their end-of-year implementation deadline for NIST SP 800-171 under DFARS 252.204-7012, the National Institute of Standards & Technology (NIST) has given the contracting community some extra time to respond to a draft publication that outlines how they and their customers alike can assess compliance with the security standard.  Initially published on November 28, NIST SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information, is now open for comment until January 15, 2018 – several weeks longer than the initial deadline of December 27. 

 

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Cybersecurity, Legal Developments, Podcast
David B. RobbinsPeter J. Eyre

We are still accepting questions for Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at drobbins@crowell.com. Disclaimer: we cannot give legal advice unless and until we have an engagement letter in place.

This week’s episode covers the GAO’s bid protest annual report, a cybersecurity policy from the White House, army modernization efforts, and other updates, and is hosted by partners David Robbins and Peter Eyre. 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.

ListenCrowell.com | PodBean | SoundCloud | iTunes