Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan cover two recent protests that both emphasize the continued importance of filing
DoW’s Previously Announced 8(a) Audit Expanded to Include All Small Business Set-Aside Awards over $20 Million
As we previously reported, on January 16, 2026, the Department of War (DoW) announced an audit of 8(a) sole source awards over $20 million, joining the previously-announced audits by the Small Business Administration (SBA) and U.S. Treasury Department (discussed here and here). A DoW memorandum also dated January 16, 2026 but only recently made public reveals that this audit is much broader in than originally announced. Any active 8(a) sole source contract, 8(a) set-aside contract, or small business set-aside contract over $20 million is under scrutiny.
Continue Reading DoW’s Previously Announced 8(a) Audit Expanded to Include All Small Business Set-Aside Awards over $20 Million8(a) Participants – and the 8(a) Program – Under the Microscope or on the Chopping Block
The Small Business Administration (SBA) has rolled out changes to its 8(a) Program even as it suspends 8(a) participants for failure to respond to the SBA’s December 5, 2025 8(a) audit letters.
Continue Reading 8(a) Participants – and the 8(a) Program – Under the Microscope or on the Chopping BlockDoW Joins SBA’s Fight Against Alleged Pass-Through Fraud in the 8(a) Program
- First, the DoW will prioritize “a line-by-line
All Things Protest: NDAA, GAO’s Annual Bid Protest Report, and an OCI Sustain
In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan cover the latest NDAA protest provision, GAO’s Bid Protest Annual Report to Congress for Fiscal Year 2025, and GAO’s sustain of a bid protest related to an impaired objectivity organizational conflict of interest (OCI). Crowell & Moring’s “All Things Protest” podcast keeps you up
SBA Office of General Counsel Audit of Participants in the 8(a) Program and Beyond
On December 5, 2025, the Small Business Administration (SBA) sent letters to 4,300 current and recent participants in the 8(a) Business Development Program requiring production by January 5, 2026, of financial records, contracting and subcontracting agreements, and employee records. Below we discuss the genesis of the U.S. Government’s focus on fraud in small business programs, the new SBA request for documents, the coming Treasury audit of preference-based contracts, and more.
Continue Reading SBA Office of General Counsel Audit of Participants in the 8(a) Program and BeyondAll Things Protest: Shutdown Impact, Heightened Pleading Standards, and AI Usage at GAO
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell attorneys cover impacts of the government shutdown on bid protests, GAO’s new pleading standards, and GAO’s dismissal of a
SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
Continue Reading SBA’s OHA Further Defines Extraordinary Action in SDVOSB AppealThe End of the Continuous SAM Registration Requirement …. Almost
On August 7, 2025, the FAR Council issued a final rule amending FAR 52.204-7 to clarify that, effective immediately, an offeror’s failure to maintain continuous System for Award Management (SAM) registration between proposal submission and contract award does not render the offeror ineligible for award, so long as the offeror was registered in SAM at the time of proposal submission and is registered at the time of contract award. The final rule should address situations like TLS Joint Venture, LLC, B-422275, Apr. 1, 2024, 2024 CPD ¶ 74, where an offeror’s SAM registration lapsed for a single day between the proposal submission and award dates, and GAO found the offeror ineligible for award.
Continue Reading The End of the Continuous SAM Registration Requirement …. AlmostGAO Moves the Goalposts: New Post-Debriefing Timeliness Trap for Protesters
The deadlines for filing a GAO protest are short and strictly enforced. In post-award protests, the general rule is that a company must file its protest within ten days of when the protester knows, or should have known, of its basis of protest. However, GAO’s regulations provide an exception to this rule for “protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required”—in such a situation, “[the] protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.” 4 CFR §21.2(a)(2).
Continue Reading GAO Moves the Goalposts: New Post-Debriefing Timeliness Trap for Protesters