GAO’s recent dismissal of a protest filed by A2A Integrated Logistics, Inc. provides an important reminder regarding the strict timeliness rules that apply to bid protests. Quoters were required to electronically submit quotations and A2A experienced difficulty doing so. After contract award was announced, A2A emailed the Department of Veterans Affairs (VA) stating that it had been unable to submit its quotation. Twenty days later, the VA responded, confirming that A2A’s quotation had not been received; A2A filed an agency-level protest the same day, which the VA dismissed as untimely. A2A then filed a GAO protest.Continue Reading GAO Dismissal Emphasizes that Attempts to Resolve Concerns with Procuring Agency Do Not Extend the Time to File a Protest

Daniel R. Forman
Daniel R. Forman is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm's Government Contracts Group.
Dan's practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting. Dan is also experienced in negotiating and drafting teaming agreements and subcontracts, as well as providing counseling on the interpretation of FAR clauses and solicitations. Dan's practice also focuses on state and local procurement matters, including State False Claims Act issues, lobbying and contingency payment compliance. He has been involved in bid protest litigation in six states and the District of Columbia. Dan is ranked as a Band 1 ranked attorney by Chambers USA, listed as a two-time Law360 MVP (2015, 2020), was named to Legal 500’s “Hall of Fame” for Government Contracts in their 2020 Guide, is an Acritas Star, named as a Thomson Reuters Stand-Out Lawyer, and was previously named to BTI’s list of “Client Service All-Stars.
Agency Said Awardee Fully Mitigated OCI; GAO Says: “Nope!”
Most organizational conflict of interest (OCI) sustains arise where the record shows that an agency failed to analyze the potential for a conflict. But GAO’s decision in A Square Group, LLC, is a rarer type of OCI sustain: the agency considered the purported OCI and documented its conclusion that the OCI had been mitigated. However, GAO found that the agency’s conclusions were unreasonable, and the OCI risk remained.Continue Reading Agency Said Awardee Fully Mitigated OCI; GAO Says: “Nope!”
“Better Late Than Never?” Not Really. Two Recent GAO Sustains Highlight the Importance of Contemporaneous Documentation
“Now or later?” As individuals, we are constantly asked to prioritize our time, identifying the tasks that need to be done NOW versus those that can be put off until later. In the bid protest context, the question arises as well when agencies seek to “fill in the gaps” in the administrative record with additional detail, a practice GAO has permitted so long as those details are consistent with the contemporaneous record. But, as highlighted by two recent GAO sustain decisions, when agencies attempt to perform new analyses “later” in response to a protest, those efforts are often unsuccessful. Continue Reading “Better Late Than Never?” Not Really. Two Recent GAO Sustains Highlight the Importance of Contemporaneous Documentation
Congress Takes Aim at Organizational Conflicts of Interest in Federal Acquisition
On March 23, 2022, a bipartisan group of senators introduced the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. Designed to identify and address potential conflicts of interest in the federal acquisition system, current and prospective government contractors should closely monitor the Act’s progress.
The Act emphasizes the potential for conflicts of interest…
Not So Majeure—GAO Finds Agency Properly Rejected a Bid Classifying All COVID-19-Related Events as an Excusable Cause of Delay
In American Mine Services, LLC, B-420138 (Dec. 3, 2021), the Government Accountability Office (“GAO”) denied a protest by American Mine Services (“AMS”), finding that the Army Corps of Engineers (“Corps”) reasonably rejected AMS’ bid because it included a provision stating that COVID-19, as well as other similar pandemics or endemics, would be considered “force…
Potential Federal Government Shutdown: Crowell & Moring Identifies and Answers Common Questions
Congress has not passed crucial funding bills for the start of FY 2022 and, on September 28, 2021, Treasury Secretary Yellen informed Congress that Treasury now estimates that the Federal government will reach the debt ceiling by October 18. As a result, we again face the prospect of a government shutdown for lack of funding. While Congress may yet take action, agencies across the government are likely to begin taking steps to prepare for a shutdown, and contractors should do so as well.
Although the issues that contractors would face under a government shutdown may vary with the circumstances of individual contracts, there are a number of common considerations. Based on our experience under prior Federal government shutdowns, these include:
- Where Is the Money? For incrementally funded contracts, a “shutdown” situation is likely similar to those experienced at the end of any fiscal year when there is a “gap” between appropriations. Contractors will need to consider the implications of the various standard clauses (Limitation of Costs, Limitation of Funds, Limitation of Government Obligations) that may affect the government’s obligation to pay costs in excess of the amounts already obligated to their contracts. Of particular concern will be the standard provisions in those clauses that may limit the government’s liability for termination costs in the event that the contracts are eventually terminated without new funding. Contractors will need to decide whether to continue to perform or to take the actions authorized when funding is insufficient to pay for anticipated costs. But for contracts that are fully funded or that have incremental funding sufficient to cover all anticipated costs, including termination costs, a shutdown would not normally create new funding risks.
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…
COVID-19 Benchmarking Survey
We thank our clients for your input on our effort to help contractors benchmark what companies are doing as part of COVID-19 contingency planning. Please use the survey link below to access the brief benchmarking questionnaire. Assuming we have a sufficient number of responses, we will aggregate and share responses (on an anonymous basis).
Access …
Introducing the “Government Contracts Classroom”
Welcome to our Government Contracts Classroom. Through a variety of media, the Classroom will serve as a resource for government contractors. The Classroom is intended to provide insight and training on issues that government contractors, and their legal and business teams, often face. The Classroom will be updated regularly with new content, host on-demand…

Why Doing Business with the Government Will Get Tougher for Contractors In 2019—Read “Battening Down the Hatches on Cybersecurity” in our Regulatory Forecast
Crowell & Moring has issued its fifth annual report on regulatory trends for in-house counsel. “Regulatory Forecast 2019: What Corporate Counsel Need to Know for the Coming Year” explores a diverse range of regulatory developments coming out of Washington and other leading regulatory centers of power, and it takes a deep dive into…