On April 28, 2022, the DoD issued a final rule that, effective immediately, requires the government to treat a contract previously awarded using FAR part 12 procedures as a prior commercial item determination (“CID”) for the acquired product or service,
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All Things Protest: Continued Pitfalls with Enhanced Debriefings
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 attorneys Christian Curran and…
DLA Issues Request for Information on Weapons Systems or Commercial Capabilities for Ukraine Security Assistance
As Russia’s assault on Ukraine continues, countries around the world are taking action. Relevant to U.S. Government contractors, on April 22, the Defense Logistics Agency (“DLA”) issued a Request for Information (“RFI”) seeking information on companies’ abilities to deliver military…
President Issues DPA Determination to Promote Domestic Supply of Strategic and Critical Materials for Large-Capacity Batteries
In an effort to boost the domestic mining industry for critical minerals, on March 31, 2022, President Biden issued Presidential Determination 2022-11, the Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended (“Presidential…
Updates to Federal Bill Targeting Government Contractors Operating in Russia
As we covered in a prior alert, the recently introduced Federal Contracting for Peace and Security Act (H.R. 7185) could have a profound impact on government contractors. The Act would require termination of existing contracts and prohibit awards,…
GSA Paves Way for National Carbon Standards in Construction Materials
On March 30, 2022, the General Services Administration (“GSA”) announced the first-ever national standards for “clean” concrete and asphalt that apply to all new GSA-funded projects using more than 10 cubic yards of concrete or asphalt. Acting in furtherance of…
Just the (Same) Facts, Ma’am: ASBCA has Jurisdiction to Hear Contractor’s Different Theories of Recovery Based on the Same Set of Operative Facts
In ECC Int’l, LLC, ASBCA No. 60167 (Jan. 25, 2022), the Armed Services Board of Contract Appeals (“Board”) held that it had jurisdiction to hear a contractor’s alternate theories of recovery that arose from the same operative facts and sought…
Congress Takes Aim at Organizational Conflicts of Interest in Federal Acquisition
On March 23, 2022, a bipartisan group of senators introduced the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. Designed to identify and address potential conflicts of interest in the federal acquisition system, current and prospective government contractors…
When Does an Enhanced Debriefing End?
While there’s no harm in gathering as much information as possible before filing a protest, would-be protesters must pay careful attention to GAO’s timeliness regulations. In K&K Industries, Inc., B-420422; B-420422.2, March 7, 2022, GAO highlighted the risk of…
All Things Protest: COFC Rejects GAO’s Key Personnel Notification Rule
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 attorneys discuss their recent…