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On January 6, 2021, the DoD issued a class deviation, effective immediately, to implement the nationwide court order enjoining Sections 4 and 5 of Executive Order (EO) 13950, Combating Race and Sex Stereotyping, as well as guidance provided by the Office of Federal Contract Compliance Programs (OFCCP). EO 13950 prohibits federal agencies, contractors, and

This week’s episode covers the ASBCA’s FY2020 report, GAO’s recent Tetra Tech case, an OFCCP final rule, and the Federal Circuit’s LAX Electronics ruling, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal

Last month, in National Government Services, Inc. (“NGS”) v. United Statesa pre-award bid protest handled by Crowell & Moring—the Federal Circuit ruled that “workload caps” imposed by the Centers for Medicare & Medicaid Services (“CMS”) in its administration of the Medicare Program violated the Competition in Contracting Act’s (“CICA”) “full-and-open competition” requirement. In

It’s not every day that a contractor recovers nearly four times the value of its initial contract, especially when there’s a potential conflict of interest in the mix – but that is exactly what happened in Appeal of Phoenix Data Solution.  On June 21, 2018, the Armed Services Board of Contract Appeals (Board) awarded Phoenix Data Solutions LLC, formerly known as Aetna Government Health Plans (AGHP), over $11 million in claimed settlement costs plus interest arising from the Tricare Management Activity’s (TMA) termination for convenience and subsequent deemed denial of AGHP’s claim related to performance under a regional TRICARE managed care support contract.

Continue Reading ASBCA Awards Contractor Over $11 Million in Settlement Costs After Termination for Convenience, Despite Possible Conflict of Interest

On Monday, August 13, 2018, President Trump signed into law the H.R. 5515, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), the earliest an NDAA has been signed in over a decade.  The FY 2019 NDAA includes several provisions relevant to contractors, including replacing the definition of “commercial item” with “commercial product” and “commercial services,” discouraging the use of lowest price technically acceptable contracting, and a clause designed to accelerate payments to small businesses.
Continue Reading FY 2019 NDAA

This week’s episode covers FedRAMP news, DOL news, and GSA schedule news, and is hosted by partner David Robbins and associate Monica Sterling. 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 lawyer or executive should be