On December 21, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that contractors may include restrictive markings on unlimited rights technical data as long as those markings do not restrict the Government’s rights to that technical data.
The Boeing Company (Boeing) entered into two contracts with the United States Air
In General Medicine, P.C. v. United States, No. 3:20-mc-00053, the District Court for the Southern District of Illinois held that a third party has standing to challenge a False Claims Act (FCA) civil investigative demand (CID) that is issued to another entity. In that case, General Medicine, a company that employs physicians and nurse
Yesterday, the Office of the Under Secretary of Defense for Intelligence & Security, Department of Defense (DoD) published a final rule codifying the National Industrial Security Program Operation Manual (NISPOM) (DoDM 5220.22) into 32 C.F.R. Part 117. For the most part, this action simply inserts the long-applicable NISPOM requirements into the CFR, but DoD has
On December 3, 2020, the President issued Executive Order 13960, Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government. The Executive Order signals yet again the Federal Government’s emphasis on the use of AI and the importance of ensuring that AI is used in a manner that does not violate Americans’ privacy,
From the inception of the Paycheck Protection Program (PPP), borrowers questioned the meaning of the economic necessity certification that the Small Business Administration (SBA) required borrowers to make in the PPP loan application. While the SBA provided some definition to this certification in such Frequently Asked Questions as FAQs 31, 37, and 46, uncertainty remained.
This week’s episode covers the ASBCA’s FY2020 report, GAO’s recent Tetra Tech case, an OFCCP final rule, and the Federal Circuit’s LAX Electronics ruling, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal
The Armed Services Board of Contract Appeals published its FY2020 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, CIA, NASA, DLA, DCMA, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority. According to
This week’s episode covers the DOJ’s first charges under the Procurement Collusion Strike Force, an interesting bid protest decision involving COVID impacts, a DCMA development focusing on TINA, and an update on SAM.gov-generated unique entity identifiers, and is hosted by partner Peter Eyre and associate Michelle Onibokun. Crowell & Moring’s “Fastest 5 Minutes” is a
On October 2, 2020 (almost two months after the August 10, 2020 commencement of the acceptance period for forgiveness applications), the Small Business Administration (SBA) released an SBA Procedural Notice (the “Notice”) concerning required procedures for change of ownership of an entity that has received PPP loans (the “PPP Borrower”). Under the Notice, SBA approval
On August 18, 2020, the Acting Principal Director for Defense Pricing and Contracting (DPC) issued updated guidance regarding contractor and subcontractor reimbursement of paid leave costs under the CARES Act § 3610, including two key Class Deviations, both effective immediately. First, it issued Revision 1 to Class Deviation 2020-O0013, which revises and supersedes