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 the most notable bid protest sustain decision each month. Below, Crowell Consultant Cherie Owen discusses DecisionPoint Corporation- fka Emesec Inc., in which GAO sustained a protest where the agency failed to consider the impact of a recent corporate transaction on an offeror’s pending proposal.Continue Reading November 2024 Bid Protest Sustain of the Month: GAO Reminds Agencies that They Must Consider the Impact of a Corporate Transaction When Evaluating Proposals
Special Edition of the Fastest 5 Minutes
New Administration – Domestic Preferences and Supply Chain Security
This week’s special edition focuses on what contractors can expect from the incoming administration relating to domestic preferences, supply chain security and sourcing, and evolving requirements and enforcement, and is hosted by Yuan Zhou, Addie Cliffe, and Alex Barbee-Garrett. Crowell & Moring’s “Fastest 5 Minutes” is
CFIUS Finalizes Regulations to Increase Penalties, Expand Subpoena Authority, and Enhance Enforcement Authorities to Protect National Security
On Monday, November 18, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) announced that it had finalized the regulatory changes previewed in April that will enhance certain CFIUS procedures and sharpen its penalty and enforcement authorities.[1] The changes go into effect on December 26, 2024 and as described in more detail below: (a) expand the types of information that CFIUS can require transaction parties and other persons (i.e., third-parties) submit when engaging with them on transactions that were not filed with CFIUS; (b) broaden the instances in which CFIUS may use its subpoena authority, including when seeking to obtain information from third persons not party to a transaction notified to CFIUS and in connection with assessing national security risk associated with non-notified transactions; and (c) substantially increase monetary penalties for violations of CFIUS regulations from a maximum of U.S. $250,000 to U.S. $5 million per violation, or the value of the transaction, whichever is greater.Continue Reading CFIUS Finalizes Regulations to Increase Penalties, Expand Subpoena Authority, and Enhance Enforcement Authorities to Protect National Security
Let’s Talk FCA
Constitutionality of the Qui Tam Provisions
In this episode, Jason Crawford, Agustin Orozco, and Will Tucker discuss U.S. ex. rel. Zafirov v. Florida Medical Associates LLC, the recent decision in which a court found the qui tam provisions of the False Claims Act to be unconstitutional. The hosts analyze the court’s reasoning and consider
Clean Energy Tax Credits and After the Election – What to Expect?
Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans have pointed to repeal of the IRA as a source of funding to pay for other tax breaks.Continue Reading Clean Energy Tax Credits and After the Election – What to Expect?
October 2024 Bid Protest Sustain of the Month: Agency Rejects Proposal on a Technicality; GAO says “Not So Fast!”
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 the most notable bid protest sustain decision each month. Below, Crowell Consultant Cherie Owen discusses Hometown Veterans Medical, LLC, B-422751
Fastest 5 Minutes
New Administration & Tariffs
This week’s special edition focuses on what contractors can expect from the incoming administration in terms of tariffs, and is hosted by Peter Eyre and Alex Schaefer. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that
Fastest 5 Minutes
New Administration
| Government Contracts Fastest 5 Minutes New Administration November 22, 2024 This week’s special edition focuses on what contractors can expect from the incoming administration relating to contract changes, terminations, possible tariffs, and other similar considerations , and is hosted by Peter Eyre and Steve McBrady. Crowell & Moring’s “Fastest 5 Minutes” is a |
2024 GAO Bid Protest Report Shows Notable Decrease in Merit Decisions
On November 14, 2024, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2024, containing the full statistics shown below:Continue Reading 2024 GAO Bid Protest Report Shows Notable Decrease in Merit Decisions
CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email
In Fortis Industries, Inc., CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals (CBCA) denied in part the government’s motion for partial summary judgment on the issue of whether the contractor released its claims by signing a modification terminating the contract for convenience. During contract performance, the General Services Administration (GSA) imposed monthly deductions to contract payments as a response to certain performance issues. GSA later proposed to terminate the contract for convenience and sent a contract modification stating that all obligations under the contract were concluded except payment for work performed in June 2022. The contractor signed the modification but stated in its transmittal email that it was owed payment for services in May 2022 as well. Continue Reading CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email