GAO’s recent decision in Think Tank, Inc., serves as a critical warning for contractors and their counsel regarding the unforgiving nature of GAO filing deadlines. The decision highlights the potentially fatal consequence of missing even a minute on GAO’s filing calendar.
Continue Reading Protester Files Comments Minutes Late, Resulting in Complete Dismissal of its Protest
In an important first, the yearly defense policy law, the National Defense Authorization Act (NDAA) for Fiscal Year 2026, directs the Department of Defense (DoD) to develop and implement a framework addressing the cybersecurity and physical security of artificial intelligence and machine learning technologies (AI/ML) acquired by the Pentagon.
Continue Reading CMMC for AI? Defense Policy Law Imposes AI Security Framework and Requirements on Contractors
This week’s episode covers highlights of the Fiscal Year 2026 National Defense Authorization Act relating to defense acquisition, sourcing restrictions, and interactions between the Defense Industrial Base and the Pentagon, 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. Each month, Crowell’s Government Contracts Practice highlights notable bid protest sustain decisions. Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen discusses two decisions where GAO rejected agency attempts at gamesmanship in the protest process.
Continue Reading December 2025 Sustain of the Month: GAO Leans into Its Mandate to Protect the Integrity of the Procurement Process in Two Decisions Rebuffing Agency Gamesmanship
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 sustaining the protest of Castro & Company, LLC, which focused upon a firm’s organizational conflicts of interest.
Continue Reading November 2025 Bid Protest Sustain of the Month: GAO Sustains OCI Where Awardee Was Providing Acquisition Support to the Source Selection Authority
On December 18, 2025, the Fiscal Year 2026 National Defense Authorization Act (FY 2026 NDAA) (P.L. 119-60) was signed into law. The Act makes significant changes to defense acquisition, sourcing restrictions, and interactions between the Defense Industrial Base (DIB) and the Department of Defense (DOD).
Continue Reading The FY 2026 National Defense Authorization Act
On December 19, 2025, the Department of Justice (DOJ) announced a $54.4 million settlement with Ceratizit USA, LLC, a distributor of tungsten carbide products, resolving allegations that the company violated the False Claims Act (FCA) by evading customs duties on products imported from China. This settlement is believed to be the largest ever customs-related FCA resolution, and this high-water mark underscores the government’s heightened enforcement focus on tariff evasion.
Continue Reading Record-Setting False Claims Act Settlement Highlights DOJ Commitment to Customs Enforcement
Earlier this month, the Department of Justice (DOJ) announced that Swiss Automation Inc., an Illinois-based precision machining company, agreed to pay $421,234 to resolve allegations that it violated the False Claims Act (FCA) by inadequately protecting technical drawings for parts delivered to Department of Defense (DoD) prime contractors. This settlement reflects DOJ’s persistent emphasis on cybersecurity compliance across all levels of the defense industrial base, reaching beyond prime contractors to encompass subcontractors and smaller suppliers. The settlement is also a reminder to all contractors not to overlook the often confusing relationship between Controlled Unclassified Information (CUI) and export-controlled information.
Continue Reading An ITAR-ly Critical Reminder of Cybersecurity Requirements: DOJ Settles with Swiss Automation, Inc.
GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors. Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements. But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule.
Continue Reading FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan cover the latest NDAA protest provision, GAO’s Bid Protest Annual Report to Congress for Fiscal Year 2025, and GAO’s sustain of a bid protest related to an impaired objectivity organizational conflict of interest (OCI). 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.
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