The Government Accountability Office sustained a protest (Innovate Now, LLC, B-419546, April 26, 2021) against an Air Force solicitation that required the protégé member of any mentor-protégé joint venture offeror to meet the same experience requirements as all other offerors. Specifically, the RFP required that a joint venture offeror must provide a minimum
small business
GAO’s High Risk List Puts Spotlight on Emergency Loans For Small Businesses, Reinforcing Audit and Investigation Risk for PPP and EIDL Program Participants



The Government Accountability Office (GAO) has added emergency loans for small businesses to its list of government programs vulnerable to fraud, waste, abuse, and mismanagement. On March 2, 2021, GAO released its latest High Risk List identifying troubled federal government programs in need of significant improvement. The GAO concluded that the Small Business Administration (SBA) must demonstrate more robust integrity controls and better management practices over the PPP and EIDL programs. GAO’s findings put pressure on the SBA to ensure quicker adoption of GAO’s recommendations for improvements and keeps public focus on the need for SBA audits and investigations of Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program participants.
Continue Reading GAO’s High Risk List Puts Spotlight on Emergency Loans For Small Businesses, Reinforcing Audit and Investigation Risk for PPP and EIDL Program Participants
All Things Protest: COFC Deems Small Business Ineligible for Failing to Recertify as Other than Small under FAR 52.219-8 While Proposal Was Pending Following an Acquisition


In this episode, hosts Rob Sneckenberg and Olivia Lynch are joined by colleague Amy O’Sullivan to discuss the Court of Federal Claims’ recent decision in HWI Gear, Inc., which held that the solicitation’s inclusion in full of the text of FAR 52.219-28 required a small business offeror to recertify its size status prior to award…
DOJ Announces FCA Settlement Arising out of Violation of SBA’s Joint Venture Requirements





On February 25, 2021, the U.S. Attorney’s Office for the Southern District of Illinois announced a settlement to resolve allegations that a contractor that was not an eligible participant in the Small Business Administration’s 8(a) Business Development Program violated the False Claims Act by controlling a joint venture that claimed 8(a) status and won an…
Fastest 5 Minutes: Supply Chain and Small Business False Claims Act
This week’s episode covers the new Supply Chain Executive Order, a False Claims Act settlement involving small business matters, and waiver of a GSA Schedule solicitation requirement, and is hosted by partner Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and …
CARES Act Small Business Loans Move Forward but with Significant Revisions



In the early morning hours of April 3, 2020, SBA has released an overhauled Paycheck Protection Program (PPP) loan application form (SBA Form 2483) and Treasury has posted a draft temporary Interim Final Rule implementing Sections 1102 and 1106 of the CARES Act. Since the passage of the legislation a week ago and…
C&M Webinar: What Will the New Year Bring for Government Contractors?
Contractors felt the squeeze from budget cutbacks and increased compliance requirements during 2013. As government agencies continue to operate under constrained budgets, competition for the federal contracts will remain intense. What should contractors expect in 2014? Join our Crowell & Moring team on Thursday, January 9 at 1:00 pm EST for a free webinar as…