Government Contracts Legal Forum

Olivia Lynch

Olivia Lynch

Olivia Lynch is an associate in the firm’s Washington, D.C. office, where she practices in the Government Contracts Group. She represents government contractors in bid protests before the Government Accountability Office and the Court of Federal Claims, as well as in civil litigation and arbitration. Her practice includes counseling on regulatory and compliance matters and advising on internal investigations. Olivia received her J.D. from Georgetown University Law Center in 2011. During law school, Olivia interned for the Honorable Thomas C. Wheeler at the U.S. Court of Federal Claims.

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Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Cybersecurity, Legal Developments, Podcast
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 without. This latest edition is hosted by partner Peter Eyre and counsel Olivia Lynch and includes updates on GAO reports on cybersecurity, a… Continue Reading

Living in Harmony: Notable Changes to Synchronize the 8(a) and Small Business Mentor-Protégé Programs

Posted in Small Business
In this second part of our blog series about the July 25, 2016 SBA final rule implementing numerous changes to multiple SBA regulations and establishing a new small business Mentor-Protégé Program (SB MPP), we address how such implementation impacts the parallel 8(a) Business Development mentor-protégé program (8(a) MPP).  As the final rule points out, the… Continue Reading

SBA Opens the Floodgates: The Mentor-Protégé Program Expands to All Small Businesses

Posted in Small Business
On July 25, 2016, the SBA published its final rule establishing a government-wide mentor-protégé program for the benefit of all small businesses as protégés.  This widely-anticipated rule, implementing provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, provides increased opportunity for small and large businesses… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part IV: New Recertification Requirement Following Mergers & Acquisitions

Posted in Small Business
In this part of our ongoing series (see Part I, Part II and Part III) on the Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments implementing the National Defense Authorization Act of 2013 (FY2013 NDAA) Amendments, we address the new recertification requirement that is triggered following the merger, sale, or acquisition… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part III: What You Need to Know About Affiliation and Joint Ventures

Posted in Small Business
As we have previously addressed, the Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, has implemented numerous changes to small business contracting contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  Below we discuss an important change to one affiliation test as well… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part II: The Changes to Small Business Subcontracting Plans Have Immediate Impacts on Small and Large Businesses

Posted in Small Business
The Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, implements changes regarding small business subcontracting plans contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  We discuss the key changes below.  This rule becomes effective June 30, 2016, but as some of the… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part I: SBA Overhauls the Method for Calculating Compliance with the Limitation on Subcontracting Requirement

Posted in Small Business
The goal of the limitation on subcontracting requirement is to ensure that a certain amount of work is performed by a small business concern (SBC) when it qualifies for a small business program set-aside or sole source procurement due to its socioeconomic program status. SBA’s final rule, Small Business Government Contracting and National Defense Authorization… Continue Reading

Responsible Sourcing: New Tools for Contractors to Combat Human Trafficking

Posted in Legal Developments
Last March, government contractors’ anti-human trafficking obligations were significantly expanded under FAR Subpart 22.17, Combating Trafficking in Persons, and its associated contract clause at FAR 52.222-50. Among other requirements, the amended FAR rule broadened the definition of trafficking in persons in government contracts, instituted new contractor reporting obligations, and implemented a number of additional compliance and… Continue Reading

Investors Beware: Minority Ownership Interests Can Create Affiliation and Defeat Small Business Size Status

Posted in Small Business
Far too often, investors, including venture capital companies, assume that as long as they do not retain the largest shareholder interest in a company, that they cannot create affiliation problems impacting what is a key to companies’ initial success in government contracting: small business status. Wrong. A recent U.S. Small Business Administration (SBA) Office of… Continue Reading

DoD Releases Interim Rule on Cloud Service Acquisitions

Posted in GSA Schedule/Commercial Items
On August 26, 2015, the DoD published an Interim Rule to implement DoD policy on the acquisition of cloud services.  This Interim Rule provides a list of terms and conditions regarding cloud computing services to be used in DoD contracts for information technology services as well as introduces the requirement that offerors responding to DoD… Continue Reading

GSA Announces Changes in its Contractor Assistance Visits

Posted in GSA Schedule/Commercial Items
The General Services Administration (“GSA”) is rolling out two modifications to its Contractor Assistance Visits (“CAVs”), in-person or virtual meetings between GSA’s Industrial Operations Analysts (“IOAs”) and GSA Schedule holders to assess compliance, identify potential problems, and test the contractor’s system controls and processes.  Tom Brady, the Director of the Supplier Management Division, GSA Office… Continue Reading

U.S. Access Board Proposes Update to Section 508 Standards

Posted in Legal Developments
On February 18, 2015, the Architectural and Transportation Barriers Compliance Board (“Access Board”) released a proposed rule revising and updating the standards for electronic and information technology developed, procured, maintained, or used by federal agencies covered by section 508 of the Rehabilitation Act of 1973. Why Section 508 of the Rehabilitation Act Matters to Contractors Section 508 of… Continue Reading

Significant Changes on the Horizon to Key SBA Regulations, Including the Limitations on Subcontracting

Posted in Small Business
On December 29, 2014, the Small Business Administration issued long overdue proposed amendments to its regulations (with 60 days for comments) to implement many of the provisions of the National Defense Authorization Act of 2013 relevant to small business contracting. Most notable is the complete overhaul of the calculation of the limitations on subcontracting requirement.… Continue Reading

Ten FCA Decisions from 2013 That Contractors Need to Know

Posted in False Claims
In “Ten FCA Decisions From 2013 That Government Contractors Need To Know,” a feature comment published in The Government Contractor, C&M attorneys Andy Liu, Jonathan Cone, and Olivia Lynch count down 10 FCA decisions from last year that they predict will have the most significant legal and practical impact on government contractors. Read how the… Continue Reading

GAO Declines to Apply the Interested Party Rule in a Protest Filed under the Name of the Wrong Company

Posted in Bid Protest
(contributed to by Derek R. Mullins) When protesting to the Government Accountability Office, contractors must satisfy GAO’s “interested party” rule. In other words, a protester must be an actual or prospective bidder or offeror with a direct economic interest in the procurement. In post-award protests, it is expected that the entity that files a protest… Continue Reading

C&M Litigators Conduct Seminar on Bid Protest Procedure and Strategy

Posted in Bid Protest
On September 19, 2013, bid protest attorneys Amy O’Sullivan, Jonathan Baker, and Olivia Lynch will once again be teaching the “Bid Protests: Practice, Procedure and Strategy” course for Federal Publications Seminars. This full-day, CLE-eligible, seminar focuses on practice, procedure, and strategy for protests litigated at the agency-level and before the U.S. Government Accountability Office and… Continue Reading

Trends and Developments in Bid Protests — Ounce of Prevention Seminar, May 15-16

Posted in Bid Protest
Crowell & Moring is hosting its annual Ounce of Prevention Seminar (OOPS) for government contractors on May 15-16, 2013 in Washington, D.C.  For the past 28 years, OOPS has provided a forum for discussion of the latest developments in federal contracting. Thomas Humphrey, Daniel Forman, Derek Mullins, and I will be discussing Trends and Developments… Continue Reading

Application of GAO’s Timeliness Rules for GAO Protests Filed after Agency-Level Protest Is the Same Regardless of the Nature of the Adverse Agency Action

Posted in Bid Protest
The Government Accountability Office recently rejected a novel argument regarding how timeliness is to be determined for GAO protests filed after an agency either dismisses or denies an agency-level protest.  In finding that the timeliness of such a protest does not depend on the nature of the adverse agency action, GAO has effectively prevented an… Continue Reading

Information Security, Privacy, and the Government Accountability Office: Perspectives on Risks, Requirements, and Emerging Issues in the Public Sector

Posted in Cybersecurity
Since the emergence of cybersecurity and privacy as high risk issues in the public sector, the Government Accountability Office (GAO) has been at the forefront – identifying risks, reviewing progress of federal agencies, and keeping Congress informed on the latest developments in the cyber and technology arena.  In this role, GAO has reported on the… Continue Reading