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In a recent pre-award challenge to the terms of a solicitation, a small business contractor challenged the terms of an Air Force solicitation seeking a contractor to provide grounds maintenance at Joint Base Langley-Eustis (JBLE), Virginia.  Award was to be made to the lowest-priced, technically acceptable offeror.  In its protest, K&K JL Services, Inc. challenged two aspects of the RFP’s past performance instructions which: (1) required the submission of two past performance references; and (2) defined relevant size as a project with a value of at least $1 million per year.  K&K argued that these requirements were unduly restrictive of competition because they effectively exclude a number of small businesses that are capable of the work.

Continue Reading GAO Says “No Prejudice” in Challenged Past Performance Requirements Where Protester is Able to Meet Them
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On May 12, 2025, the Defense Counterintelligence and Security Agency (DCSA) released a new SF-328[1] consisting of 9 questions and 6 pages of instructions that detail the types of supporting documentation requested and identify information required by different responding entities (e.g., corporate, non-profit, academic, etc.). With this SF-328, DCSA is seeking certain frequently requested information and documents with initial SF-328 submissions rather than obtaining these documents through communications or revised SF-328 submissions. Additionally, when completed, the new SF-328 is considered Controlled Unclassified Information (CUI).

Continue Reading New SF-328 Released and Embedded Guidance Seeks More Information Up Front
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The Department of Defense (DoD) has released a memorandum establishing the DoD Organization-Defined Parameters (ODPs) for use in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 Revision (Rev) 3. Currently, DoD’s cybersecurity regimes require government contractors to comply with NIST SP 800-171 Rev. 2. However, the release of this memorandum may indicate DoD’s intention to soon incorporate Rev. 3 into DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 7012) as well as the forthcoming Cybersecurity Maturity Model Certification (CMMC).

Continue Reading DoD Specifies Implementation Requirements for NIST 800-171 Cyber Standard
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The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series.  In this series, Crowell’s Government Contracts Practice will keep you up to date with a summary of one of the most notable bid protest sustain decisions each month.  Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen discusses GAO’s decision in Anika Sys., Inc., B-422681.5, B-422681.6, Apr. 8, 2025, which found a technical evaluation unreasonable where it showed evidence of disparate treatment and imposed an unstated requirement for solutions to be “innovative and creative.”

Continue Reading April 2025 Bid Protest Sustain of the Month: Protester Finds Success Challenging its Technical Evaluation
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A string of GAO protest sustains this spring, most recently in Owl International Inc., d/b/a Global, a 1st Flagship Company, B-423281, B-423281.2, April 25, 2025, demonstrates that the evaluation of professional employee compensation remains a successful post-award protest argument. 

Continue Reading Recent GAO Decisions Show Professional Employee Compensation Challenges Remain a Successful Protest Argument
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In this episode, Crowell’s hosts Agustin Orozco and Jason Crawford speak with Crowell attorneys Simeon Yerokun and Katherine Quinn about DOJ’s plan to aggressively use the FCA against illegal foreign trade practices. This episode includes discussion of common areas of FCA enforcement in cases involving allegations of customs fraud, and the hosts address steps that importers can take to mitigate risks. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

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On May 7, 2025, GAO issued a decision in Raven Investigations & Security Consulting, LLC, B-423447, warning the bid protest bar that artificial intelligence (“AI”)-based tools utilized without proper oversight may result in severe consequences, including dismissal of the protest and sanctions.

Continue Reading “Confirm You’re Not a Robot”: AI-Written Briefs Could Lead to Sanctions
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On May 12, 2025, the U.S. Small Business Administration (SBA) announced that it is holding a tribal consultation meeting and requesting comments and input on topics relating to the 8(a) and mentor-protégé programs. The tribal consultation will be held on June 13, 2025 in Anchorage, Alaska, and SBA is anticipating that the meeting will cover a range of topics relevant to 8(a) and mentor-protégé program participants.

Continue Reading Tribal Consultation Meeting for 8(a) Business Development and Mentor-Protégé Programs Provides Insight Into SBA Priorities Under the New Administration
Photo of Stephanie CrawfordPhoto of Adelicia R. CliffePhoto of Michael SamuelsPhoto of Allison SkagerPhoto of Katie Illidge

On May 7, 2025, the Defense Counterintelligence and Security Agency (DCSA or the “Agency”) announced the approval[1] of a revised and expanded Standard Form (SF) 328, Certificate Pertaining to Foreign Interests. Contractors and subcontractors engaged in work involving classified information use the SF-328 for disclosures relating to foreign ownership, control, or influence—and the form will soon be required for contractors and subcontractors in the unclassified space for certain covered contracts. Publication of the updated form has not yet occurred but is expected as soon as this weekend (May 10-11). New SF-328 forms will be required for initial and changed condition packages initiated on or after May 12 according to a National Industrial Security System (NISS) communication today.

Continue Reading New SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication Imminent
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This week’s episode covers the FAR rewrite initiative, GSA’s OneGov Strategy, and a GSA incentive program that rewards employees with financial bonuses when the agency meets its spending reduction goals, 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 government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Click below to listen or access from one of these links:

PodBean | SoundCloud | iTunes