The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice keeps you up to date with a summary of one of the most notable bid protest sustain
Government Contracts Legal Forum
Providing Legal Insight for Government Contractors
The Government Contracts Legal Forum, published by Crowell & Moring LLP, focuses on legal developments and issues related to government contracting. It covers topics such as bid protests and their statistical trends, contract disputes and appeals before boards like the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals, constitutional challenges to statutes affecting government contracts such as the False Claims Act qui tam provisions, and audits and investigations into small business contracting programs like the SBA 8(a) program. The forum also discusses alternative dispute resolution in government contract disputes and provides analysis of relevant case law and regulatory changes affecting federal procurement.
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Latest from Government Contracts Legal Forum
Court of Federal Claims Provides a Roadmap for Adequate Rule-of-Two Set Aside Market Research
By Olivia Lynch & Cherie Owen
The Rule of Two is a vital mechanism for ensuring that contracting officers satisfy the federal government’s statutory requirement that 23% of U.S. prime contracts be issued to small businesses. FAR 19.502-2(b) (19.104-1(a) of the RFO) requires that agencies set…
European Commission Proposes Overhaul of EU Public Procurement Rules
By Karl Stas
On September 9, 2026, the European Commission proposed a new Public Procurement Act that would fundamentally change the way that public procurement is regulated across the EU. In this alert we look at what changes have been proposed, and discuss…
Fastest 5 Minutes
By Peter J. Eyre & M.Yuan Zhou
GSA & AI, Anthropic, Bid Protests
This week’s episode covers GSA’s clause on AI procurements, a Hill letter involving government contractors, a new Anthropic ruling, a memorandum proposing changes to government cost accounting, and a Federal Circuit protest decision, and…
Don’t Try to Deny It: Federal Court Holds FCA Settlement is Covered by Insurance
Guidehouse served as the prime contractor responsible for technology services used in administering New York’s Emergency Rental Assistance Program (“ERAP”). Under Guidehouse’s contract with the State of New York, the online ERAP portal was to undergo cybersecurity testing in its…
GSA Issues Final Rule on Large Language Model Procurements
Background
On September 28, 2026, the General Services Administration (GSA) issued a new clause for incorporation into government contracts of artificial intelligence systems, 552.239-7001, Basic Safeguarding of Data within Large Language Model Artificial Intelligence Systems, as a GSA Regulation…
Let’s Talk FCA
Insurance Coverage for False Claims Act Investigations
Hosts Jason Crawford and Agustin Orozco are joined by special guests Steve Raptis and Caitie Young to discuss insurance coverage issues for companies responding to False Claims Act investigations. This episode describes how…
Federal Circuit Resolves Court Split Over IDIQ Awardee Standing
When an agency conducts a multiple-award indefinite delivery, indefinite quantity (IDIQ) competition, successful awardees often wonder whether they can protest the agency’s award to other companies at the U.S. Court of Federal Claims. For over a decade, the answer has…
FEATURE COMMENT: The Eleventh Circuit Overturns the Zafirov Decision on FCA Qui Tam Constitutionality
On September 1, 2026, the Eleventh Circuit issued its long-anticipated decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that the qui tam provisions of the False Claims Act are constitutional because relators are not officers of…
SBA Extends Deadline for Comments on Historic Overhaul of Size Standards
On September 21, 2026, the Small Business Administration announced an extension of the comment period for two previously proposed rules that, as currently constructed, would significantly expand the pool of entities eligible to qualify for small business set-aside procurements. The…