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In an August 27, 2021 decision, GAO sided with protester InfoPoint LLC (“InfoPoint”), and the Small Business Administration (“SBA”) which was invited to submit comments, in finding that a Department of Defense (“DoD”) solicitation provision requiring a small business joint venture offeror to itself hold a facility clearance was inconsistent with the National Defense

This week’s episode covers a bid protest relating to a Procurement Integrity Act matter, government reports about COVID contracting, and final rules relating to small businesses and subcontracting, and is hosted by Peter Eyre and Monica Sterling. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government

This week’s episode covers a White House announcement about COVID vaccines and safety protocols for contractors working at government sites, proposed rule regarding Buy American Act, GSA announcement about transitioning from the Data Universal Numbering System (DUNS) system in SAM.gov, and pending legislative amendments to the False Claims Act, and is hosted by Peter Eyre

On July 8, 2021, DoD published a request for information (RFI) soliciting the input of interested parties on sustainability initiatives and climate-related disclosures. DoD’s request asks companies to comment on their voluntary efforts in measuring and disclosing Greenhouse Gas (GHG) Emissions, Environment, Social, and Governance (ESG) reporting, and Supply Chain GHG and Risk Management, but could be a prelude to a mandatory disclosure scheme for defense contractors.

ESG and other disclosures pertaining to sustainability and climate are growing in importance for a wide range of companies, as investors, stakeholders, and customers increasingly are interested in and evaluating progress on sustainability-related disclosures and the business practices and plans underlying them. Companies are now under more pressure to demonstrate forward movement on ESG and other sustainability metrics, particularly in the areas of climate change, environmental justice, industrial chemical use, diversity and inclusion, and compliance and ethical business practices.

Over the last several years, more and more companies have voluntary published sustainability reports. However, there is an evident lack of standardization in these disclosures, and companies vary greatly in what they measure and disclose. Without a standardized ESG disclosure framework, investors, consumers, stakeholders and the government may be unable to reasonably evaluate and compare companies’ ESG practices and risks.


Continue Reading DoD Requests Public Input on Sustainability and Climate-Related Disclosures

On July 29, 2021, President Biden announced certain actions to “get more people vaccinated.”  The White House announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status. Anyone who does not attest to being fully vaccinated will be required to wear a mask on the job no

This week’s episode covers a notice of proposed rulemaking relating to increasing the minimum wage for certain employees of government contractors, a new Executive Order focused on promoting competition, reporting service contract hours in SAM, and a DOD request seeking information from contractors about ESG matters, and is hosted by Peter Eyre and Monica Sterling.

This week’s episode covers a GSA OIG report pertaining to the Transactional Data Reporting pilot, GAO’s Artificial Intelligence Accountability Framework, and two GSA class deviations relating to cost-based contracts, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant

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

This week’s episode covers a new White House National Security Study Memorandum on countering corruption, a DOD Instruction on Mandatory Disclosures, and a DOJ settlement involving small business subcontract reports, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of