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Rob Sneckenberg

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Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S. Court of Appeals for the Federal Circuit. He also represents contractors in contract claim and cost accounting disputes before the Armed Services Board of Contract Appeals (ASBCA), and counsels clients on a wide array of government contracts investigations. Rob is very active in Crowell & Moring’s pro bono program, where he focuses on civil and criminal appeals.

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Last week, the Federal Circuit heard oral argument in Global K9 Protection Group, LLC v. United States, a bid protest appeal concerning, in part, whether an awardee who chose not to intervene at the outset of the protest should have been allowed to do so after its award was enjoined.Continue Reading Worried Three’s a Crowd? Decline Intervention at Your Own Peril

Earlier this year, we highlighted a notable Court of Federal Claims (CFC) decision recognizing that an energy savings performance contract (ESPC) contractor may be able to recover proposal preparation costs under the CFC’s bid protest jurisdiction. Now, in Siemens Government Technologies, Inc. v. United States, another CFC decision has reaches a similar conclusion and goes even further — also highlighting the potential to recover under the Court’s Contract Disputes Act (CDA) jurisdiction.  Continue Reading Court of Federal Claims Recognizes Additional Potential Recovery Opportunities under Energy Savings Performance Contracts

A recent Court of Federal Claims decision addressed a novel fact pattern involving a bid protest (seeking bid preparation costs) relating to an energy savings performance contract (ESPC) and has the potential to expand contractor recovery opportunities in both areas of law.Continue Reading Court of Federal Claims Decision Offers Potential Recovery Opportunity for Energy Savings Performance Contracts and Task Order Bid Protests

The Civilian Board of Contract Appeals (CBCA or Board) recently published its Annual Report for FY 2024, providing statistics regarding the adjudication of appeals between contractors and civilian agencies. This year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs, the General Services Administration, the Department of State, the Department of Homeland Security, and the Department of Agriculture. These agencies accounted for 126, or 76%, of the 165 Contract Disputes Act (CDA) appeals docketed at the Board. Continue Reading CBCA’s FY 2024 Report – Examining the Numbers

On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS).  Once implemented, the Board will require use of the new EDS for most submissions. 

For individuals already registered with the Government Accountability Office’s Electronic Protest Docketing System (EPDS), the EDS interface…

 On November 12, 2024, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) will issue an interim rule amending FAR 52.204-7 to clarify that an offeror’s failure to maintain System for Award Management (SAM) registration during the period between proposal submission and contract award does not render the offeror ineligible for award.  Providing welcome relief to agencies and contractors alike, the interim rule requires only that an offeror be registered in SAM at the time of offer submission and at the time of contract award.Continue Reading A Common-Sense Change to the Continuous SAM Registration Requirement at FAR 52.204 7

In Percipient.ai, Inc. v. United States, the Federal Circuit considered Percipient.ai Inc.’s (Percipient) protest arising out of the National Geospatial-Intelligence Agency’s (NGA) SAFFIRE procurement, for the improvement of the agency’s production, storage, and integration of geospatial intelligence data.  Percipient’s protest was unusual—filed in 2023, it related to a task order NGA awarded to CACI, Inc. (CACI) two years earlier, for which Percipient did not (and could not) bid.  But Percipient’s protest did not challenge the award to CACI.  Instead, Percipient challenged NGA’s (and CACI’s) alleged failure, during task order performance, to conduct sufficient market research as to the commercial availability of AI software—for which Percipient already had a commercial offering that purportedly met NGA’s needs—before CACI began developing its own software at significantly higher cost.  Percipient alleged this failure violated 10 U.S.C. § 3453, which establishes a preference for commercial items/services and instructs agencies to procure them “to the maximum extent practicable.”Continue Reading Federal Circuit Narrows FASA Task Order Bar; Expands “Interested Party” Standing

In the Crowell & Moring case Parsons Government Services, Inc. v. Department of Energy, CBCA 7822, the Civilian Board of Contract Appeals (Board) denied the government’s motion to dismiss concerning Parsons’ claim for additional incentive fee in connection with its performance operating a salt waste processing facility at DOE’s Savannah River Site.  The underlying…