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
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NISPOM, Including Revised Personal Reporting Requirements and Reduced FOCI Mitigation Burden, Codified in Code of Federal Regulations




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…
FCC Reverses Precedent, Rules that Government Contractors Are Subject to the TCPA




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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IoT Goes Federal under Newly Signed Law




Last week, the President signed the Internet of Things (IoT) Cybersecurity Improvement Act into law, kicking off a multi-year process that will culminate in the first-ever federal requirements for IoT devices. Under the law, the National Institute of Standards & Technology (NIST) is now charged with drafting and finalizing security requirements for IoT devices, as…
Infrastructure 2020 & Beyond: Webinar Series


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…
All Things Protest: Watch Out for Waiver


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 …
Coronavirus Update: White House Issues Guidance on “Opening Up America Again”





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…
EPA Considers Updating Federal Procurement Guidelines for Recycled Content




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…
COVID-19 Effects on Cleared Contractors



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:
- DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will
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COVID-19 Benchmarking Survey Results


As part of our continuing commitment to help our clients address the effects of COVID-19, we are providing the initial, anonymized, and aggregated results from our benchmarking questionnaire. We continue to gather information and update the responses, but given the rapidly changing environment, we wanted you to have this information sooner than later.
Our…