In Globe Trailer Manufacturing, Inc., ASBCA No. 62594 (Jan. 28, 2021), the Armed Services Board of Contract Appeals (the Board) addressed whether a contractor’s certified supplement to a termination settlement proposal (TSP) constitutes a claim under the Contract Disputes Act. After termination, the contractor submitted a TSP that included costs of constructive changes. During
Legal Developments
Fastest 5 Minutes: Domestic Preferences, Regulatory Freeze, Bid Protests, Executive Orders


This week’s episode covers domestic preferences and American-made goods, the regulatory freeze memo, a bid protest decision about discussions, and an Executive Order that focuses on using the procurement process to address the Biden Administration’s climate policy, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is …
The Latest Insights into Suspension and Debarment Activities Across the Federal Government



The annual Interagency Suspension and Debarment Committee (ISDC) recently issued its annual report to Congress. The report, found here, contains details describing improvements to the federal suspension and debarment process and a summary of each agency’s suspension and debarment activities in Fiscal Year 2019. Throughout FY2019, the ISDC pursued a strengthened understanding and awareness…
OMB Issues Guidance on Pandemic Federal Workplace Safety



On January 24, 2021, the Office of Management and Budget (OMB) issued a memo which provides guidance to federal agencies on maintaining a safe federal workplace during the COVID-19 pandemic. This memo instructs federal agencies to require face masks and social distancing in all Federal buildings, as directed by President Biden’s Executive Order (EO) on …
Special Treatment—DoD’s Vaccination Distribution Plan for Some DoD Contractors


On January 7, 2021, Ms. Ellen M. Lord, on behalf of the Department of Defense (DoD) Office of the Undersecretary of Defense, issued a memorandum for the Defense Industrial Base (DIB) regarding the DoD COVID-19 Vaccine Allocation and Distribution Policy. This memo, along with the attached DoD guidance documents, the “Coronavirus Disease 2019 Vaccine Guidance”…
FCC Publishes Telecommunications Supply Chain Security Rule




On January 13, 2021, the Federal Communications Commission (FCC) published a final rule that requires advanced communications providers to review their equipment and services within their networks and either: (1) certify that they do not include any covered equipment; or (2) file an annual report with the FCC that identifies covered communications equipment or services…
Not Your Parents’ IT: New Interim Rule to Scrutinize Acquisition of IT Products and Services from Foreign Adversaries




Today, Commerce has published an interim final rule (IR) which, effective March 22, 2021, will implement the May 15, 2019 Executive Order 13873 that relied on the International Emergency Economic Powers Act (IEEPA) to authorize sweeping power to block or undo any transaction – including use, purchases or importation – of virtually any “information and…
DoD and GSA Take Aim at Supply Chain Risks





The Department of Defense (DoD) recently implemented additional procedures for the mitigation of cybersecurity risks in its supply chain. Designed to identify and mitigate cybersecurity and related supply chain risks throughout a program’s lifecycle, DoD Instruction 5000.90, Cybersecurity Acquisition Decision Authorities and Program Managers, requires program managers to:
- Assess contractors’ cybersecurity posture, including, where
…
Advancing America’s Dominance in AI: The 2021 National Defense Authorization Act’s AI Developments





On January 1, 2021, the 116th Congress enacted the Fiscal Year 2021 National Defense Authorization Act (NDAA), which established, among other things, the National Artificial Intelligence Initiative Act of 2020 (Division E, Title LI, §§ 5101-5106) (hereinafter “the Initiative”), a program to award financial assistance to National Artificial Intelligence Research Institutes (Division E, Title LII,…
National Defense Authorization Act for Fiscal Year 2021: Need-to-Know Provisions for Government Contractors












On December 11, 2020, Congress presented to President Trump H.R. 6395, National Defense Authorization Act for Fiscal Year 2021. On December 23, 2020, President Trump vetoed the bill. Subsequently, the House voted on December 28, 2020 and the Senate voted on January 1, 2021 to override the veto.
This Act contains numerous provisions that…