Photo of Nicole Owren-WiestPhoto of Stephen M. ByersPhoto of Skye MathiesonPhoto of Michelle ColemanPhoto of Charles BaekPhoto of John Nakoneczy

In Ingham Regional Medical Center v. U.S. (Jan. 6, 2020), the Court of Federal Claims compelled production of certain government investigatory documents that the Court found were not privileged work product prepared “in anticipation of litigation.” The Medical Center sued to recover payments for outpatient healthcare services performed in connection with DoD’s TRICARE program

Photo of Evan D. WolffPhoto of Kate M. Growley, CIPP/G, CIPP/USPhoto of Maida Oringher LernerPhoto of Michael G. Gruden, CIPP/G

The Department of Defense (DoD) has released Version 1.0 of the Cybersecurity Maturity Model Certification (CMMC), Appendices A-F, and an Overview Briefing. While Version 1.0 largely mirrors the draft Version 0.7, the final version includes notable revisions, such as:

  • Process and Practice Descriptions in Appendix B, which include discussions and clarifications

Photo of Adelicia R. CliffePhoto of Kate M. Growley, CIPP/G, CIPP/US

On December 10, 2019, Under Secretary of Defense for Acquisition and Sustainment, Ellen Lord, briefed the press on the Department of Defense’s (DoD) significant acquisition reform achievements in 2019 and outlined many of the DoD’s top priorities for the coming year. Among a litany of other topics, the Secretary discussed efforts to streamline the

Photo of John E. McCarthy Jr.Photo of Nicole Owren-WiestPhoto of Meredith Parnell

On March 21, 2019, the Department of Defense (DoD) Defense Innovation Board (“DIB”) released a report, Software is Never Done: Refactoring the Acquisition Code for Competitive Advantage (“the Report”), summarizing DIB’s Software Acquisition and Practices (SWAP) study, which was mandated by the National Defense Authorization Act of Fiscal Year (FY) 2018. The two-year study involved

Photo of Mark RiesPhoto of Anuj VohraPhoto of Christian CurranPhoto of Meredith Parnell

Much that has been written about the bid protest reforms in the Section 809 Panel’s final report has focused on Recommendations 66-69, which expressly address (and propose changes to) the protest process at the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). But the 809 Panel’s most impactful recommended changes to

Photo of Evan D. WolffPhoto of Kate M. Growley, CIPP/G, CIPP/USPhoto of Michael G. Gruden, CIPP/GPhoto of Payal NanavatiPhoto of Judy Choi

Adding to the Defense Contract Management Agency’s (DCMA) new cybersecurity responsibilities, the Department of Defense (DoD) Under Secretary of Defense for Acquisition and Sustainment (USDAS) recently issued a memorandum titled Strategically Implementing Cybersecurity Contract Clauses that increases DCMA’s role.  The memorandum tasks DCMA with implementing a process to perform company-wide assessments of contractors’ compliance

Photo of Peter J. EyrePhoto of David B. Robbins

This week’s episode covers IR&D, antiterrorism, and DoD news, and is hosted by partners David Robbins and Peter Eyre. 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.

ListenCrowell.com

Photo of J. Chris HailePhoto of Peter J. EyrePhoto of Judy ChoiPhoto of Nkechi KanuPhoto of Laura J. Mitchell BakerPhoto of Payal NanavatiPhoto of Anuj VohraPhoto of Monica DiFonzo Sterling

On Monday, August 13, 2018, President Trump signed into law the H.R. 5515, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), the earliest an NDAA has been signed in over a decade.  The FY 2019 NDAA includes several provisions relevant to contractors, including replacing the definition of “commercial item” with “commercial product” and “commercial services,” discouraging the use of lowest price technically acceptable contracting, and a clause designed to accelerate payments to small businesses.
Continue Reading

Photo of Olivia LynchPhoto of Rob SneckenbergPhoto of Christian Curran

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, your hosts break down GAO’s pre- and post-award timeliness rules, as well as recent changes to GAO’s regulations and DoD

Photo of Daniel R. FormanPhoto of Amy Laderberg O'SullivanPhoto of John E. McCarthy Jr.Photo of Olivia LynchPhoto of Christian Curran

On March 22, 2018, the Department of Defense (DoD), Office of the Under Secretary of Defense issued a Class Deviation letter to the heads of all Department of Defense agencies requiring, effective immediately, that every DoD agency ensure that its contracting officers implement the recommendations for enhanced post-award debriefings set forth in Section 818 of the 2018 National Defense Authorization Act (NDAA).

The direction makes clear that DoD agencies are to provide unsuccessful offerors who are given a debriefing in accordance with FAR 15.506(d) the opportunity to “submit additional questions related to the debriefing within two business days after receiving the debriefing.”  The agency will then be required to “respond in writing to the additional questions submitted by an unsuccessful offeror within five business days after receipt of the questions” and must hold the debriefing open until it “delivers its written responses to the unsuccessful offeror.”


Continue Reading