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On April 2, 2018, the Government Accountability Office (GAO) published Final Rule 83 FR 13817, amending its bid protest regulations to implement the Electronic Protest Docketing System, make administrative and clerical changes, and “streamline the bid protest process.”

This Final Rule goes into effect on May 1, 2018.  We detail below some key changes it implements to the protest process.


Continue Reading GAO Implements Changes to Bid Protest Process with New Regulations

This week’s episode covers army modernization, whistleblower reprisal, sentencing in procurement fraud cases, and other updates, and is hosted by partner David Robbins and senior counsel Mark Ries. 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 contracts

On April 15, 2016, the Acting Secretary of the Army issued Army Directive 2016-16 (Changing Management Behavior: Every Dollar Counts) stating that the Army will “eliminate ‘use or lose’ funding practices,” i.e., “commanders and staffs will not automatically decrement commands or programs in future allotments when they do not spend all funds without further investigation

On January 14, 2016, the U.S. Department of Defense (DoD) issued Directive 4715.21 to organize comprehensive agency-wide action to address and mitigate the risks of climate change on U.S. military assets and operations. The Directive implements for DoD the requirement established by Executive Order 13653 (Preparing the United States for the Impacts of Climate Change)

In an August 3 letter to the White House, four trade associations (the AIA, PSC, NDIA, and ITIC) requested “on behalf of the thousands of companies … that no further presidential directives primarily focused on government contractors be issued for the foreseeable future.”  The letter (linked here) cited a dozen recent executive orders