Photo of Jason CrawfordPhoto of Agustin D. OrozcoPhoto of William Tucker
Constitutionality of the Qui Tam Provisions

In this episode, Jason Crawford, Agustin Orozco, and Will Tucker discuss U.S. ex. rel. Zafirov v. Florida Medical Associates LLC, the recent decision in which a court found the qui tam provisions of the False Claims Act to be unconstitutional. The hosts analyze the court’s reasoning and consider

Photo of Carina FedericoPhoto of Tyler A. O'ConnorPhoto of Aaron Cummings

Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans have pointed to repeal of the IRA as a source of funding to pay for other tax breaks.Continue Reading Clean Energy Tax Credits and After the Election – What to Expect?

The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series.  In this series, 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 Consultant Cherie Owen discusses Hometown Veterans Medical, LLC, B-422751

Photo of Peter J. Eyre
New Administration & Tariffs

This week’s special edition focuses on what contractors can expect from the incoming administration in terms of tariffs, and is hosted by Peter Eyre and Alex Schaefer. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that

Photo of Peter J. EyrePhoto of Steve McBrady

New Administration

Government Contracts Fastest 5 Minutes New Administration November 22, 2024 This week’s special edition focuses on what contractors can expect from the incoming administration relating to contract changes, terminations, possible tariffs, and other similar considerations , and is hosted by Peter Eyre and Steve McBrady. Crowell & Moring’s “Fastest 5 Minutes” is a
Photo of Steve McBradyPhoto of Michelle ColemanPhoto of Skye MathiesonPhoto of John NakonecznyPhoto of Charles BaekPhoto of Zariah Altman

In Fortis Industries, Inc., CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals (CBCA) denied in part the government’s motion for partial summary judgment on the issue of whether the contractor released its claims by signing a modification terminating the contract for convenience. During contract performance, the General Services Administration (GSA) imposed monthly deductions to contract payments as a response to certain performance issues. GSA later proposed to terminate the contract for convenience and sent a contract modification stating that all obligations under the contract were concluded except payment for work performed in June 2022. The contractor signed the modification but stated in its transmittal email that it was owed payment for services in May 2022 as well. Continue Reading CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email

Photo of Adelicia R. CliffePhoto of Alexandra Barbee-GarrettPhoto of Michael G. Gruden, CIPP/GPhoto of Evan D. Wolff

On November 15, 2024, the Department of Defense (DoD) issued a Proposed Rule implementing Section 1655 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (P.L. 115-232), over six years after Congress enacted the requirement. Continue Reading Six Years in the Making, DoD Releases Proposed Rule Requiring Disclosure of Foreign Review of Code for IT, Cybersecurity, Critical Infrastructure, and Weapons System Products and Services

Photo of Peter J. EyrePhoto of M.Yuan Zhou
Incoming Administration, SAM, OFCCP, Rule of Two

This week’s episode covers initial thoughts on what contractors can expect from the Trump administration, an interim rule to clarify that an offeror’s failure to maintain SAM registration during the period between proposal submission and contract award does not render the offeror ineligible for award, an OFCCP notice giving

Photo of Nkechi KanuPhoto of Brian Tully McLaughlinPhoto of Jacob HarrisonPhoto of Jennie Wang VonCannonPhoto of Stephen M. Byers

On October 22, 2024, the Department of Justice (DOJ) announced that Pennsylvania State University (Penn State) will pay $1.25 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with contractually mandated cybersecurity requirements by the Department of Defense (DoD) and National Aeronautics and Space Administration (NASA).  The announcement marks the most recent settlement under DOJ’s Civil Cyber-Fraud Initiative although, unlike prior settlements, there is no allegation of a cybersecurity incident or breach that was related to or caused by the contractor’s alleged noncompliance.Continue Reading Allegations of a Litany of Lyin’: Penn State Settles Claims of Cybersecurity Noncompliance