Insights

Washington – June 24, 2024: Crowell & Moring has been recommended in eight practice areas in the 17th edition of the Legal 500 United States. In addition, partner Daniel Forman, co-chair of the firm’s Government Contracts Group, has been named to the Legal 500’s “Hall of Fame” for Government Contracts.

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – June 1, 2023: Crowell & Moring earned 82 rankings for 68 lawyers across 48 categories, as well as 37 national and statewide practice area rankings, in the Chambers USA 2023 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

The term “bid protest” typically calls to mind challenges to an agency’s award of a contract.  But two recent GAO sustain decisions—Wilson 5 Service Company, Inc., B-422670, Sept. 25, 2024, 2024 CPD ¶ 230 and MAXIMUS Federal Services, Inc., B-422676, Sept. 16, 2024, 2024 CPD ¶ 222—highlight another impactful tool for protecting a contractor’s ability to compete fairly: pre-award challenges to ambiguous or unreasonably restrictive solicitation terms.

For the first time in nearly a decade, GAO in Knudsen Systems, Inc. sustained a protest challenging an agency’s decision to set aside a procurement for small businesses.  The decision involves the so-called “Rule of Two”:  under FAR 19.502-2(b), agencies must set aside for small businesses a procurement with an anticipated dollar value of more than $150,000 where the agency’s market research demonstrates there is a reasonable expectation at least two responsible small business offerors can meet the agency’s requirements at a fair market price.

When to file a protest challenging an agency’s corrective action is an issue that has confused protesters for over a decade since GAO’s Domain Name Alliance Registry, B‑310803.2, Aug. 18, 2008, 2008 CPD ¶ 168 decision.  In Domain Name, GAO held where a protester essentially challenges the “ground rules” of corrective action, that protest must be filed pre-award or risk being dismissed as untimely.  This has led to the proliferation of overly cautious protesters bringing pre-award challenges to corrective actions only to have GAO dismiss such protests as merely anticipating improper agency action and therefore premature.  Indeed, the line between a timely and untimely corrective action protest is unclear.  And that confusion persists, as evidenced in two recent GAO dismissals—General Dynamics Information Technology, Inc., B-422421.6, B-422421.7, July 17, 2024, and Peraton Inc., B-422409.2, B‑422409.3, July 22, 2024.

On Tuesday, April 5, 2020 at 3 p.m. Eastern, Ken Dodds of Live Oak Bank, a leading SBA lender, will join Crowell & Moring attorneys and policy advisors in a webinar addressing the CARES Act’s Paycheck Protection Program (PPP).  Just over a week after the creation of this lifeline small business loan platform, the webinar will address updates to program eligibility, the current SBA Form 2483 borrower application, and loan calculations and forgiveness based on the SBA’s interim final rules and guidance that have been issued in the past week. 

When competing for business with the federal government today, small business status can be the “Golden Ticket” for threshold eligibility for a government contract or provide a competitive edge to securing a government contract as either a prime or subcontractor. However, when relationships are formed between a small business and another contractor (large or small), preserving that prized status is challenging, yet essential to maintaining that competitive advantage. Players of all sizes must understand when and how companies or individuals will be considered “affiliated” for size purposes in order to structure the proposed business relationship to maximize synergies, but avoid affiliation and loss of small business status. This is a true balancing act. Many of the rules and requirements are counter-intuitive, but a small business finding itself on the wrong side of the affiliation line could jeopardize its ability to compete for valuable business opportunities. 

The MCCA’s Creating Pathways to Diversity conference is designed to provide the practical tools and resources that attorneys, both in-house and at outside law firms, need to further their personal career growth and sustain organizational diversity and inclusion efforts.  Conference highlights include an opening plenary session featuring the General Counsels of Gap Inc., NBCUniversal, The Rockefeller Group and Showtime Networks and a luncheon plenary honoring the 60th anniversary of the Brown v. Board of Education decision and the 50th anniversary of landmark 1964 civil rights legislation and featuring, among other speakers, Charles Hamilton Houston III.

Please join us on Wednesday, September 7, 2022 for a webinar on the newly implemented Small Business Administration (“SBA”) requirements for requesting, reporting, and relying on small business subcontractor past performance. With past performance already playing a key role in evaluations and award decisions, these new requirements are certain to shake up procurement dynamics, increase prime contractor administrative obligations, and generate a wave of new bid protest challenges.

In this episode, hosts Rob Sneckenberg and Olivia Lynch are joined by colleague Amy O’Sullivan to discuss the Court of Federal Claims’ recent decision in HWI Gear, Inc., which held that the solicitation’s inclusion in full of the text of FAR 52.219-28 required a small business offeror to recertify its size status prior to award due to a post-proposal submission corporate change. 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.