From the inception of the Paycheck Protection Program (PPP), borrowers questioned the meaning of the economic necessity certification that the Small Business Administration (SBA) required borrowers to make in the PPP loan application. While the SBA provided some definition to this certification in such Frequently Asked Questions as FAQs 31, 37, and 46, uncertainty remained. Now, months after the last PPP loan application was submitted, the SBA is beginning to undertake an information collection effort…

This week’s episode covers the ASBCA’s FY2020 report, GAO’s recent Tetra Tech case, an OFCCP final rule, and the Federal Circuit’s LAX Electronics ruling, and is hosted by partner Peter Eyre and counsel Monica Sterling. 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. Listen: Crowell.com | PodBean | SoundCloud |…

Just days after the anniversary of its launch, the Department of Justice’s Procurement Collusion Strike Force has expanded its ranks to include 11 new national partners. The U.S. Air Force Office of Special Investigations and the Department of Homeland Security’s Office of Inspector General, as well as nine additional U.S. Attorneys’ Offices, have joined the government’s effort to combat collusion, fraud, and antitrust crimes in the public procurement process. Assistant Attorney General Makan Delrahim promised…

The Armed Services Board of Contract Appeals published its FY2020 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, CIA, NASA, DLA, DCMA, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority. According to this year’s report, the contractor prevailed in 53% of the appeals decided on the merits, up from 48% a year…

This week’s episode covers the DOJ’s first charges under the Procurement Collusion Strike Force, an interesting bid protest decision involving COVID impacts, a DCMA development focusing on TINA, and an update on SAM.gov-generated unique entity identifiers, and is hosted by partner Peter Eyre and associate Michelle Onibokun. 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…

The NAACP Legal Defense and Education Fund, Inc. has filed suit on behalf of the National Urban League and the National Fair Housing Alliance in the United States District Court for the District of Columbia challenging the lawfulness and validity of Executive Order 13950, Combating Race and Sex Stereotyping, issued on September 22, 2020. The EO prohibits the use by federal contractors or subcontractors, and certain federal grantees, of training materials that “inculcate[ ]…

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, hosts Rob Sneckenberg and Christian Curran interview Anuj Vohra regarding GAO’s recent decision finding an apparent conflict of interest due, in part, to weekly social gatherings for “camaraderie, friendship, dinner, and . . . competitive foosball.” Listen: Crowell.com | PodBean…