On May 13, 2020, the Federal Emergency Management Agency (FEMA) will publish an interim final rule establishing the Emergency Management Priorities and Allocation System (EMPAS) pursuant to Title I of the Defense Production Act (DPA). As drafted, EMPAS will apply beyond the current COVID-19 context and will become part of the Federal Priority and Allocations
Coronavirus Update: DPA Authority Delegated to Department of Agriculture to Combat Food Supply Chain Threat
On April 28, the President signed an Executive Order on Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19. The new EO delegates to the Department of Agriculture (“the Department”) Defense Production Act (DPA) Title I priorities and allocation authority with
So Little Time — Challenging Insufficient Proposal Revision Response Times
In a prior alert, we discussed the recently published decision in MCR Fed., LLC, B-416654.2, Dec. 18, 2018 where GAO held that the agency failed to provide the protester with a sufficient amount of time to submit its final proposal revisions. That decision was noteworthy because GAO rarely finds even very short response times
DoD Implements New Enhanced Debriefing Procedures from the 2018 NDAA
On March 22, 2018, the Department of Defense (DoD), Office of the Under Secretary of Defense issued a Class Deviation letter to the heads of all Department of Defense agencies requiring, effective immediately, that every DoD agency ensure that its contracting officers implement the recommendations for enhanced post-award debriefings set forth in Section 818 of the 2018 National Defense Authorization Act (NDAA).
The direction makes clear that DoD agencies are to provide unsuccessful offerors who are given a debriefing in accordance with FAR 15.506(d) the opportunity to “submit additional questions related to the debriefing within two business days after receiving the debriefing.” The agency will then be required to “respond in writing to the additional questions submitted by an unsuccessful offeror within five business days after receipt of the questions” and must hold the debriefing open until it “delivers its written responses to the unsuccessful offeror.”Continue Reading DoD Implements New Enhanced Debriefing Procedures from the 2018 NDAA
C&M Lawyers Conduct Live Webinar on Government Contract IP Rules on Thursday, December 11
On Thursday, December 11 at 1 PM Eastern, join our Crowell & Moring attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key principles governing the rules and regulations relating to rights in
GAO Releases Bid Protest Statistics for FY 2014
On November 18, GAO released its annual report to Congress under the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), disclosing the following bid protest statistics for FYs 2010-2014: 
The number of total cases filed was up 5% from the previous year to 2,561. FY 2013 had seen a slight decrease in the
C&M Lawyers Conduct Live Webinar on IP Rules on Wednesday, April 23
On Wednesday, April 23rd at 1 PM Eastern, join our government contracts attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key principles governing the rules and regulations relating to rights in technical
C&M Lawyers Conduct Live Webinar on Intellectual Property Rules on Thursday, September 13
At 1:00 p.m. (Eastern) on September 13, 2012, Crowell & Moring attorneys John McCarthy and Jon Baker will conduct a webinar on behalf of L2 Federal Resources entitled “Intellectual Property Rules in Government Contracts: Know Your Technical Data and Patent Rights.” This 90-minute webinar will provide an overview of the key principles governing the allocation
ABA to Host Webinar on Impact of Stanford v. Roche
On September 28, 2011, I will be participating in an American Bar Association webinar to discuss the impact of the Supreme Court’s June, 2011, decision in Stanford v. Roche. In Stanford v. Roche, the Supreme Court upheld a Federal Circuit decision finding that under the Bayh-Dole Act, a university does not automatically receive