Photo of Lyndsay GortonPhoto of Rebecca Baden ChaneyPhoto of Peter J. EyrePhoto of Nicole Simonian

Yesterday, President Biden issued a Fact Sheet entitled Biden Administration Efforts to Address Bottlenecks at Ports of Los Angeles and Long Beach, Moving Goods from Ship to Shelf to help address the “delays and congestion” across the transportation supply chain. As has been widely reported in recent weeks and months, the global supply chain has

Photo of Peter J. EyrePhoto of Thomas P. GiesPhoto of Kris D. MeadePhoto of Michelle ColemanPhoto of Katie Erno

This afternoon, the Safer Federal Workforce Task Force issued its Guidance regarding COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (at all tiers), pursuant to President Biden’s September 9, 2020 Executive Order.  The 14-page Guidance addresses the following topics:

  • Vaccination requirement.  The Guidance mandates vaccinations, with exceptions only for those employees legally

Photo of Steve McBradyPhoto of Nicole Owren-WiestPhoto of Skye MathiesonPhoto of Erin RankinPhoto of Catherine Shames

In Ology Bioservices, Inc., ASBCA No. 62633 (May 20, 2021), the Armed Services Board of Contract Appeals (the Board) held that the Government could not assess a penalty on the contractor’s fiscal year (FY) 2013 compensation costs for being expressly unallowable when the Government delayed publishing the compensation cap for FY 2013 by more

Photo of Olivia LynchPhoto of Amy Laderberg O'SullivanPhoto of Michael SamuelsPhoto of Zachary Schroeder

In this bullet point Olivia Lynch, Amy O’Sullivan, Michael Samuels, and Zachary Schroeder discuss a proposed Department of Defense rule requiring contracting officers to consider an offeror’s past performance as a first-tier subcontractor or individual partner of a joint venture under construction and/or architect-engineer services contracts.

Photo of Jonathan M. BakerPhoto of John E. McCarthy Jr.Photo of Anuj VohraPhoto of Christian CurranPhoto of Rina Gashaw

On May 20, 2021, the FAR Council issued a proposed Defense Federal Acquisition Regulation Supplement (DFARS) rule on post-award debriefings that largely codifies—and in a number of ways bolsters—the existing enhanced post-award debriefing rules established by the Department of Defense’s (DoD) March 22, 2018 Class Deviation on Enhanced Postaward Debriefing Rights.  The proposed rule requires

Photo of Peter J. EyrePhoto of Gabrielle Trujillo

This week’s episode covers suspension and debarment, False Claims Act developments, and oversight relating to the pandemic response, and is hosted by partner Peter Eyre and associate Gabby Trujillo. 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

Photo of Alan W. H. GourleyPhoto of Adelicia R. CliffePhoto of Liam O'Reilly

Contractors barely had time to digest the prior administration’s changes designed to tighten the Buy American Act restrictions when, on January 25, 2021, President Biden issued Executive Order 14005 on “Ensuring Future of America is Made in America by all of America’s Workers” directing further tightening and perhaps even a new approach to determining what

Photo of Steve McBradyPhoto of Charles BaekPhoto of Michelle ColemanPhoto of Skye MathiesonPhoto of John NakonecznyPhoto of Matthew Lewis

In BGT Holdings, Inv. v. United States, No. 1:18-cv-00178-PEC (Fed. Cir. Dec. 23, 2020), the Federal Circuit held that FAR 52.245-1 requires the Government to consider an equitable adjustment when it fails to provide Government-furnished equipment (GFE) required by the contract.  The contract in question required the Government to furnish equipment for the construction

Photo of Alan W. H. GourleyPhoto of Adelicia R. CliffePhoto of Jonathan M. BakerPhoto of Stephanie Crawford

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

Photo of Kate M. Growley, CIPP/G, CIPP/USPhoto of Jeffrey L. PostonPhoto of Evan D. WolffPhoto of Brandon C. Ge

In a ruling issued last week, the Federal Communications Commission (FCC) overturned precedent from 2016, ruling that federal, state, and local government contractors are subject to the Telephone Consumer Protection Act (TCPA) and therefore cannot make TCPA-prohibited robocalls on behalf of the government.

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