The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims. The Board explained in DSME Construction Co., Ltd., ASBCA 63878 (July 30, 2024), that it may retain jurisdiction over a dispute even when a different forum is listed in the contract. In Platinum Services., Inc., ASBCA No. 63878 (Aug. 1, 2024), the Board instructed contractors to be mindful of the CDA’s statute of limitations period, even when seeking to amicably resolve a dispute.
Continue Reading Know Your Rights: SBCA Issues Two Important Reminders to ContractorsCalifornia Dental Offices Settle FCA Allegations Regarding Second-Draw PPP Loans for $6.3M
On August 8, 2024, the U.S. Attorney’s Office for the Central District of California announced a $6.3 million False Claims Act settlement with West Coast Dental Administrative Services LLC (formerly West Coast Dental Services Inc.) and its founders and former owners due to seven improper second-draw Paycheck Protection Program loans received by West Coast Dental and affiliated dental offices.
Continue Reading California Dental Offices Settle FCA Allegations Regarding Second-Draw PPP Loans for $6.3MAugust 2024 Bid Protest Sustain of the Month
As Summer Comes to a Close, So Does GAO’s Sustain Drought
In last month’s Bid Protest Sustain of the Month installment, we noted that GAO was suffering from a sustain drought, having failed to issue a single sustained protest decision in the month of July. But it appears that drought is over! The final tally for August shows that GAO issued a whopping six separate sustained protest decisions in August 2024. Four of these decisions—issued at the end of the month—are still under Protective Orders, so we do not yet know the grounds for the sustains. The remaining two involved less-common sustain issues: an offeror’s compliance with the Trade Agreements Act (TAA) and an agency’s compliance with the “Rule of Two.” In HPI Federal, LLC, B-422583, the protester argued that some of an awardee’s offered products were not TAA compliant. GAO sustained the protest, finding that the contractor had certified only that its products were “assembled” in Mexico, not that they were “an end product of Mexico.”
Continue Reading August 2024 Bid Protest Sustain of the MonthFCA Complaint Based on PPP Information Pulled from PandemicOversight.gov Website Barred
On August 5, 2024, in United States ex rel. Relator LLC v. Howard D. Kootstra and Golden Empire Mortgage, Inc., Case No. 1:22-cv-00924-TLN-CDB (E.D. Cal.), the District Court for the Eastern District of California granted a motion to dismiss allegations that a mortgage lender made false or fraudulent statements on its Paycheck Protection Program (PPP) application in violation of the False Claims Act where the relator could not overcome the FCA’s public disclosure bar.
Continue Reading FCA Complaint Based on PPP Information Pulled from PandemicOversight.gov Website BarredSpecial Edition of the Fastest 5 Minutes
SBA Proposed Rule to Update Various SBA Small Business Programs
This special edition covers the SBA’s August 2024 proposed rule to update and clarify various small business programs, and is hosted by Yuan Zhou and Olivia Lynch. 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.
Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts
HHS Proposes Using Procurement Policy to Push Health IT Standards
The Department of Health and Human Services (HHS) continues its push on health data interoperability with a proposed rule, HHS Acquisition Regulation: Acquisition of Information Technology; Standards for Health Information Technology. Specifically, HHS proposes to modify the Health and Human Service Acquisition Regulation (HHSAR) to implement an HHS-wide policy to align requirements related to the procurement of health IT with standards and implementation specifications adopted by the Office of the National Coordinator for Health IT (ONC) or compliance with the voluntary ONC Health IT Certification Program. This proposed rule was published on August 9, 2024, just 4 days after the ONC proposed HTI-2 rule was published in the Federal Register.
Continue Reading HHS Proposes Using Procurement Policy to Push Health IT StandardsNatural Intelligence: NIST Releases Draft Guidelines for Government Contractor Artificial Intelligence Disclosures
On August 21, 2024, the National Institute of Standards and Technology (NIST) released the Second Public Draft of Digital Identity Guidelines (hereinafter, “Draft Guidelines”) for final review. The Draft Guidelines introduce potentially notable requirements for government contractors using artificial intelligence (AI) systems. Among the most significant draft requirements are those related to the disclosure and transparency of AI and machine learning (ML). By doing so, NIST underscores its commitment to fostering secure, trustworthy, and transparent AI, while also addressing broader implications of bias and accountability. For government contractors, the Draft Guidelines are not just a set of recommendations but a blueprint for future AI standards and regulations.
Continue Reading Natural Intelligence: NIST Releases Draft Guidelines for Government Contractor Artificial Intelligence DisclosuresSBA Proposed Rule Would Enact Material Changes as Well as Promote Regulatory Uniformity Across Size and Status Programs
On August 23, 2024, the Small Business Administration (SBA) posted a proposed rule to update and clarify aspects of various SBA small business programs, including but not limited to the HUBZone Program and 8(a) Business Development Program. This proposed rule followed SBA’s July 22, 2024 notification of tribal consultation meeting and request for comments (which Crowell covered here).
Continue Reading SBA Proposed Rule Would Enact Material Changes as Well as Promote Regulatory Uniformity Across Size and Status ProgramsDDTC Publishes ITAR Amendments to Implement the AUKUS Exemption
On August 20, 2024, the Department of State’s Directorate of Defense Trade Controls (DDTC) published an interim final rule to streamline defense trade between and among Australia, the United Kingdom (UK), and the United States in furtherance of the trilateral security partnership (the “AUKUS” partnership). The interim final rule implements the proposed rule DDTC published on May 1, 2024 with changes and is effective September 1, 2024, though DDTC is seeking comments on or before November 18, 2024.
Continue Reading DDTC Publishes ITAR Amendments to Implement the AUKUS ExemptionFastest 5 Minutes
CMMC, DOJ, FedRAMP
This week’s episode covers DOD’s proposed rule regarding Cybersecurity Maturity Model Certification 2.0, DOJ’s new Corporate Whistleblower Awards Pilot Program, and an OMB memo that proposes updates to FedRAMP, 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.
Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts