On January 21, 2022, the District Court for the Southern District of Georgia issued an Order in Georgia v. Biden, No. 2:21-cv-163 (S.D. Ga. Jan. 21, 2022), which responded, in part, to the Government’s requests for clarification regarding the scope of the court’s nationwide injunction of the federal contractor vaccine mandate promulgated under Executive
Legal Developments
Fastest 5 MInutes: American Rescue Plan, Bid Protests, ASBCA Decision
This week’s episode covers a new Treasury rule governing the Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan, a bid protest decision involving a corporate transaction, a protest decision relating to standing and OCIs, and an ASBCA decision involving incurred costs, and is hosted by Peter Eyre and Yuan Zhou. Crowell …
Fastest 5 Minutes: CMMC, Bid Protests, NDAA
This week’s episode covers an update on the Cybersecurity Maturity Model Certification program, a GAO report on DHS’ controls to protect personally identifiable information, a Federal Circuit decision regarding prejudice in the bid protest context, and highlights from the National Defense Authorization Act for FY2022, and is hosted by Peter Eyre and Monica Sterling. Crowell …
National Defense Authorization Act for Fiscal Year 2022: Acquisition Policy Changes of Which Government Contractors Should Be Aware
During December 2021, the House and Senate reached agreement on a compromise National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022. On December 23, 2021, Congress presented S. 1605 to President Biden, which he signed on December 27, 2021.
The FY2022 NDAA contains numerous provisions relating to acquisition policy—which provide new opportunities for government contractors, will result in the imposition of new clauses or reporting requirements on government contractors, require government reporting to Congress on acquisition authorities and programs, alter processes and/or procedures to which government contractors are subject, etc. Crowell & Moring’s Government Contracts Group discusses the most consequential changes in the FY2022 NDAA for government contractors below.
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DIU Issues Step-by-Step Guidelines for Defense Stakeholders to Responsibly Use AI
On November 15, 2021, the Defense Innovation Unit (DIU) released its Responsible Artificial Intelligence (AI) Guidelines (“RAI Guidelines”) to help contractors and federal officials gauge whether AI technology and programs align with the Department of Defense’s (DoD) Ethical Principles for AI (as we previously reported on here). Specifically, the RAI Guidelines provide a process…
A Georgia District Court Enjoins the Government from Enforcing the Federal Contractor Vaccine Mandate Nationwide
Earlier today, the U.S. District Court for the Southern District of Georgia issued a preliminary nationwide injunction of the contractor vaccine mandate in Executive Order 14042. This injunction will bar the Government “from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States…
Crowell & Moring Survey Finds Companies Are Setting Environmental Goals, But Questions of Measurement Persist
Government Contractors who are concerned with how their companies are navigating environmental, social, and governance (ESG) efforts will want to read a new report by Crowell & Moring. A recent survey of top decision-makers by Crowell & Moring finds that nearly 80% of responding companies have identified and adopted environmental performance goals beyond what regulations…
Fastest 5 Minutes – New Executive Order, Annual Report on Bid Protest, and Responsible Artificial Intelligence Guidelines
This week’s episode covers a new executive order relevant to service contracts, the President’s Management Agenda, GAO’s Annual Report on Bid Protests, the Cybersecurity and Infrastructure Security Agency’s Federal Government Cybersecurity Incident and Vulnerability Response Playbooks, and the Defense Innovation Unit’s Responsible Artificial Intelligence Guidelines, and is hosted by Peter Eyre and Yuan Zhou. Crowell …
All Things Protest – Past Performance Primer and Key 2021 Decisions
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. In this episode, hosts Olivia Lynch, Rob Sneckenberg, and Christian Curran discuss past performance issues and key cases from 2021.
Listen: Crowell.com…
Fastest 5 Minutes: Cybersecurity Maturity Model Certification, Commercial Products and Services, DOJ
This week’s episode covers changes to its Cybersecurity Maturity Model Certification program, replacement of the FAR concept of “commercial item” with “commercial product’’ and “commercial service,” updates to the DOJ approach to corporate cooperation credit, developments about the Federal Contractor Vaccine Mandate, and a discussion of a bid protest decision relating to standing and IDIQ …