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
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
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
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
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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Rebuilding America’s aging and technologically challenged infrastructure is increasingly seen as an imperative. The need to invest in and mobilize resources for critical infrastructure projects has become an ever greater priority given the role project development can play in lifting the U.S. economy in dire times.
Congress and the Administration are actively exploring various forms
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 Rob Sneckenberg and Christian Curran are joined by guest Liam O’Reilly to discuss the Federal Circuit’s recent Inserso decision
On April 16, 2020, the White House published non-binding guidelines for states and localities to consider in determining when and how to reopen businesses and schools and lift other COVID mitigation restrictions. Entitled “Opening up America Again” (Guidelines), the Guidelines are a set of recommendations for a three-phased reopening in jurisdictions that satisfy broad “gating
On April 7, 2020, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register requesting comments on federal procurement guidelines that designate products that are or can be produced with “recovered materials” and set forth recommended practices for purchasing such items. Recovered materials are those waste materials that have been recovered or
On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things: