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Government Contracts Legal Forum

Crowell & Moring Releases Litigation Forecast 2020 — Government and Industry Tensions Around Intellectual Property

By Crowell & Moring

January 22, 2020

Crowell & Moring has released Litigation Forecast 2020: What Corporate Counsel Need to Know for the Coming Year. The eighth-annual Forecast provides forward-looking insights from leading Crowell & Moring lawyers to help legal departments anticipate and respond to challenges that might arise in the year ahead. For 2020, the Forecast focuses on how the digital revolution is giving rise to new litigation risks, and it explores trends in employment non-competes, the future of stare decisis,…

Government Contracts Legal Forum

DoD Acquisition Chief Looks Back at the Year that Was and Previews the Year to Come

By Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US & Christopher Hebdon

December 24, 2019

On December 10, 2019, Under Secretary of Defense for Acquisition and Sustainment, Ellen Lord, briefed the press on the Department of Defense’s (DoD) significant acquisition reform achievements in 2019 and outlined many of the DoD’s top priorities for the coming year. Among a litany of other topics, the Secretary discussed efforts to streamline the defense acquisition system; initiatives to further reduce supply chain risk; and strategies for combatting the threat posed by unmanned aerial…

Government Contracts Legal Forum

So Little Time — Challenging Insufficient Proposal Revision Response Times

By John E. McCarthy Jr., Mark Ries & Rina Gashaw

December 20, 2019

In a prior alert, we discussed the recently published decision in MCR Fed., LLC, B-416654.2, Dec. 18, 2018 where GAO held that the agency failed to provide the protester with a sufficient amount of time to submit its final proposal revisions. That decision was noteworthy because GAO rarely finds even very short response times to be unreasonable in light of the contracting officer’s broad discretion in this area. See, e.g., USA Info. Sys., Inc., …

Government Contracts Legal Forum

Legal Careers in Cybersecurity, Privacy & Information Law Event

By Kate M. Growley, CIPP/G, CIPP/US, Michael G. Gruden, CIPP/G & Allegra Flamm

October 11, 2019

On October 24, 2019, Crowell & Moring in conjunction with the American Bar Association will be hosting the sixth annual Legal Careers in Cybersecurity, Privacy & Information Law networking and discussion event. This event offers law students and new lawyers the opportunity to learn how to meld law, policy, and technology, and better navigate the unprecedented legal challenges emerging from the cyber, homeland, and privacy frontiers. Attendees will hear from an exceptional cast of experienced…

Government Contracts Legal Forum

NIST Announces Plan for Federal Engagement in Artificial Intelligence

By Evan D. Wolff, Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Laura J. Mitchell Baker & Michelle Coleman

September 20, 2019

On August 9, 2019, the National Institute of Standards and Technology (NIST) released “U.S. Leadership in AI: A Plan for Federal Engagement in Developing Technical Standards and Related Tools” (the Plan) in response to Executive Order 13859 (EO), as reported on here. In accordance with the EO, the Plan outlines the following priorities for federal engagement: (1) ensure technical standards minimize vulnerability to attacks from malicious actors; (2) reflect federal priorities for…

Government Contracts Legal Forum

FAA Seeks Industry Cohorts to Administer Knowledge Test for Recreational Drone Operators

By Mary-Caitlin Ray

August 27, 2019

On August 15th, the Federal Aviation Administration (“FAA”) posted a Request for Information (“RFI”) seeking responses from third party entities to administer a new aeronautical knowledge and safety test for recreational drone operators. The RFI marks the beginning of FAA’s implementation of Section 349 of the FAA Reauthorization Act of 2018, which requires FAA to develop an electronic test to be administered by FAA, community-based organizations, or by FAA designees. Anyone who wishes to fly…

Government Contracts Legal Forum

Recent GAO Decision Permits One-sided Discussions as Agency Corrective Action

By Eric Ransom, Mark Ries & Rob Sneckenberg

August 15, 2019

In a prior alert, we highlighted the unusual remedy ordered in Caddell Construction Co. v. U.S., in which the Court of Federal Claims nullified the award of a construction contract and ordered the agency to reopen discussions with only one firm. The court explained that the unusual remedy was appropriate because misleading discussions had impacted only that firm, and “a broad reopening of discussions is unnecessary to cure the procurement error and would cause more…

Government Contracts Legal Forum

We’ve Come to the End of the Road: FY 2018 Report to Congress Says DCAA Backlog is No More

By Nicole Owren-Wiest, Steve McBrady, Elizabeth Buehler & Catherine Shames

July 11, 2019

The Defense Contract Audit Agency (“DCAA”) recently made public its Fiscal Year (FY) 2018 Report to Congress (“Report”), which, among other things, provides an update on its incurred cost audits and highlights DCAA’s industry outreach activities. Although the Report touts DCAA’s elimination of the incurred cost audit backlog, DCAA acknowledges that there still is a backlog of 152 years, the majority of which is due to reasons purportedly beyond DCAA’s control, and that is not…

Government Contracts Legal Forum

Federal Circuit Clarifies Meaning of “Full and Open,” Limits on Government Ability to Manipulate the Competitive Marketplace, and Contours of FAR Part 6

By Anuj Vohra, Monica DiFonzo Sterling & Karla Perez Chacon

June 19, 2019

Last month, in National Government Services, Inc. (“NGS”) v. United States—a pre-award bid protest handled by Crowell & Moring—the Federal Circuit ruled that “workload caps” imposed by the Centers for Medicare & Medicaid Services (“CMS”) in its administration of the Medicare Program violated the Competition in Contracting Act’s (“CICA”) “full-and-open competition” requirement. In so doing, the Federal Circuit reversed a Court of Federal Claims (“COFC”) decision that upheld the caps (a prior GAO decision…

Government Contracts Legal Forum

The U.S. Announces Endorsement of OECD’s Principles for Responsible AI

By Kris D. Meade, Rebecca Springer, Kate M. Growley, CIPP/G, CIPP/US & Laura J. Mitchell Baker

June 4, 2019

Following the announcement of the White House’s Executive Order on Maintaining American Leadership in Artificial Intelligence (EO) and the Department of Defense’s (DOD) Artificial Intelligence Strategy (AI Strategy) in February, as reported on here, the United States recently endorsed the Organization for Economic Co-operation and Development Council’s (OECD) Recommendation on Artificial Intelligence (Recommendation) – the world’s first intergovernmental policy guidelines for Artificial Intelligence (AI). In the Recommendation, the OECD sets forth the “Principles on…

Government Contracts Legal Forum

Providing Legal Insight for Government Contractors

Blog Authors

Crowell & Moring Releases Litigation Forecast 2020 — Government and Industry Tensions Around Intellectual Property

DoD Acquisition Chief Looks Back at the Year that Was and Previews the Year to Come

So Little Time — Challenging Insufficient Proposal Revision Response Times

Legal Careers in Cybersecurity, Privacy & Information Law Event

NIST Announces Plan for Federal Engagement in Artificial Intelligence

FAA Seeks Industry Cohorts to Administer Knowledge Test for Recreational Drone Operators

Recent GAO Decision Permits One-sided Discussions as Agency Corrective Action

We’ve Come to the End of the Road: FY 2018 Report to Congress Says DCAA Backlog is No More

Federal Circuit Clarifies Meaning of “Full and Open,” Limits on Government Ability to Manipulate the Competitive Marketplace, and Contours of FAR Part 6

The U.S. Announces Endorsement of OECD’s Principles for Responsible AI

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