This week’s episode covers a decision involving a pandemic-related claim, a GAO decision pertaining to inadvertent disclosure of information by the government, and an update to the fair opportunity threshold under ID/IQ contracts, and is hosted by Peter Eyre and Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a
Fastest 5 Minutes: Minimum Wage for Contractors and Bid Protests
This week’s episode covers notable bid protest decisions as well as an update from National Institute of Standards and Technology and the Executive Order increasing the hourly minimum wage for federal government contractors, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that
Fastest 5 Minutes IT, Supply Chain, DOJ’s Procurement Collusion Strike Force, and American Jobs Plan
This week’s episode covers the Department of Commerce’s Notice of Proposed Rulemaking relating information and communications technology and services, an update from the Procurement Collusion Strike Force, GAO testimony about ongoing supply chain challenges at the Department of Veterans Affairs, and the American Jobs Plan, and is hosted by partner Peter Eyre and counsel Monica
Fastest 5 Minutes: Domestic Preferences, Regulatory Freeze, Bid Protests, Executive Orders
This week’s episode covers domestic preferences and American-made goods, the regulatory freeze memo, a bid protest decision about discussions, and an Executive Order that focuses on using the procurement process to address the Biden Administration’s climate policy, and is hosted by partner Peter Eyre and counsel Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is
Executive Order Prohibiting Bias Training? Ignore That. DoD Issues Class Deviation to Comply with Nationwide Ban on EO 13950 Provisions
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
Fastest 5 Minutes: ASBCA, GAO, OFCCP, and Federal Circuit News
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
Federal Circuit Clarifies Meaning of “Full and Open,” Limits on Government Ability to Manipulate the Competitive Marketplace, and Contours of FAR Part 6
Last month, in National Government Services, Inc. (“NGS”) v. United States—a 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
ASBCA Awards Contractor Over $11 Million in Settlement Costs After Termination for Convenience, Despite Possible Conflict of Interest
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.
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FY 2019 NDAA
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.
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Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without
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