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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SBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size Determination
On April 8, 2026, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) denied an appeal arguing that a concern’s early submission of its proposal with pricing was an attempt to “end-run the regulations” for when size is…
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
On May 14, 2026, the U.S. Court of Appeals for the Federal Circuit issued a stark warning to government contractors: when a bid protest is filed involving your contract, failing to timely intervene can cost you the ability to defend…
All Things Protest: Final Proposal Revisions and Federal Circuit Opinions
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, Crowell’s Christian Curran, Zachary Schroeder,…
(Not) All’s Weld That Ends Weld: Duty Evasion Scheme Ends in Historic $549.5M FCA Settlement
The Department of Justice (DOJ) and the cross-agency Trade Fraud Task Force have upped the ante by an order of magnitude in the government’s pursuit of customs fraud. On May 1, 2026—only a few months after setting its previous record-high…
March 2026 Bid Protest Sustain of the Month: Under the Heat of GAO Review, ICE’s Evaluation Reasoning Melts Away
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…
Fastest 5 Minutes: Fixed Price Contracting EO, FCA, FOCI
This week’s episode covers a new Executive Order on fixed-price contracting, a new DOJ initiative targeting coordination with data-mining qui tam relators, and a proposed rule that would extend FOCI reviews to uncleared defense contractors, and is hosted by Peter…
Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts
On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would…
Small Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to Know
On April 13, 2026, President Trump signed into law the Small Business Innovation and Economic Security Act, which reauthorized the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs are Small Business Administration-sponsored initiatives intended…
Government Contractors, Take Note: Illinois Court Curtails Broad BIPA Exemption
A recent Illinois appellate decision has narrowed a key protection that state and local government contractors have long been able to rely on under Illinois’ Biometric Information Privacy Act (BIPA). In Thomas v. Cornerstone Services, Inc., the Illinois Appellate Court held…