Insights

Washington – September 20, 2019: Super Lawyers has recognized 82 Crowell & Moring lawyers as leaders in their field in Southern California, Northern California, New York Metro, and Washington, D.C. The lawyers listed below were named in the corresponding issues of 2019 Super Lawyers Magazine, the Super Lawyers 2019 "Rising Stars" Edition, or the Super Lawyers 2019 Women’s Edition. Lawyers were identified through a peer nomination process and listed by respective practice areas for which they were selected.Los Angeles (Southern California)

Washington – February 22, 2019: Crowell & Moring LLP is pleased to announce that its Government Contracts Group has been recognized as one of Law360’s “Practice Groups of the Year” for government contracts. This is the ninth consecutive year that the group has earned this honor.

Washington – October 15, 2018: Crowell & Moring LLP is pleased to announce that Super Lawyers has recognized 82 firm lawyers as leaders in their field in Southern California, Northern California, New York, and Washington, D.C. The firm’s lawyers listed below were named in Super Lawyers 2018, the Super Lawyers 2018 "Rising Stars" Edition, or the Super Lawyers 2018 Women’s Edition. Lawyers were identified through a peer nomination process and listed by respective practice areas for which they were selected.Los Angeles (Southern California):

In XPO Logistics Worldwide Gov’t Servs., LLC (released Mar. 21, 2017), in which C&M co-represented XPO, GAO sustained a protest challenging the awardee’s past performance rating, setting aside USTRANSCOM’s award of a $3B freight services contract. GAO found that the value of the awardee’s past efforts are extremely small relative to the value of the requirement, that the contemporaneous record did not explain the basis for the agency’s determination that these tiny past efforts were somewhat relevant under the solicitation, and that the agency’s post hoc reevaluation during the protest was unreasonable. GAO recommended that the agency reevaluate the awardee’s past performance and then make a new award decision.

In Prof’l. Serv. Indus. Inc. v. United States, the Court of Federal Claims sustained a protest of a corrective action that the Federal Highway Administration took in the wake of a GAO decision that the awardee’s proposed program manager lacked the requisite experience. The court found that the agency’s decision to amend the solicitation was arbitrary and capricious because the agency changed the required qualifications for the program manager—in a manner that conformed to the original awardee’s proposal—rather than conducting a re-evaluation of the proposals under the un-amended solicitation’s criteria.

In Coast Professional, Inc. v. U.S. (July 12, 2016), the Federal Circuit revived bid protests (including that of the lead appellant, represented by Crowell & Moring) challenging task order contract awards that had previously been dismissed for lack of jurisdiction by the CFC. The court held that, because the appellants were challenging the “proposed award or the award” of new task orders under GSA Federal Supply Schedule contracts, which challenges fall squarely within the CFC’s statutory bid protest jurisdiction, it was irrelevant whether the new task orders, which were in the form of award-term extensions, shared some functional similarities to options or originated out of existing contracts rather than being the subject of entirely separate procurements.

Crowell & Moring's Ounce of Prevention Seminar, hosted by the firm's Government Contracts Group, is featured in a BNA article discussing compliance measures for federal contractors. George Washington University law professor Steven Schooner, who spoke at the conference, discussed key compliance cases to highlight the importance of risk avoidance for contractors.

The government is serious about maintaining a "fair playing field" for contractors. So serious, in fact, that it established the Procurement Integrity Act as a criminal statute. The purpose of the Procurement Integrity Act is to maintain and establish a fair playing field for government contractors. Any contractor or subcontractor found to be in violation can face some harsh sanctions — including prosecution, fines, penalties, prison, loss of business and exclusion from government contracting. Violations of the Procurement Integrity Act can also provide a viable basis to file a bid protest at the Government Accountability Office or the Court of Federal Claims.

The purpose of the Procurement Integrity Act is to maintain and establish a fair playing field for government contractors.  Failing to comply with this Act can result in criminal prosecution, fines, penalties, loss of business, and exclusion from government contracting.  The Act and the corresponding regulations restrict conduct of contractor employees and federal government employees in two ways.  The first relates to prohibitions on disclosing and receiving particular types of “off-limits” information.  The second relates to restrictions on the types of interactions private sector entities may have with government officials about possible employment.

The FAR’s conflict of interest regulations – and the law that has developed around them – can be challenging for even an experienced contractor.  Furthermore, some of these rules are in the midst of a once-in-a-generation overhaul, meaning that what was true in the past may not be true today or in the near future.  This webinar will provide an overview of the key principles of conflicts of interest old and new, including a review of the new personal conflict of interest rules which took effect on December 2, 2011 and a preview of the pending changes to the rules for addressing organizational conflicts of interest.  Having established the regulatory framework, the webinar will also provide best practice tips for identifying, avoiding, mitigating, and managing actual or potential conflicts of interest so that the government becomes your ally in the process, rather than your adversary.

A change in administration necessarily brings significant turnover, and 2021 will be no different.  Please join members of Crowell & Moring’s Government Contracts Group for an overview of the statutes, regulations, and best practices at issue when interviewing and hiring former Government employees.  Topics to be discussed include:

On Wednesday, May 11, 2016 at 1 PM Eastern, join our Crowell & Moring attorneys for a webinar entitled: “Organizational and Personal Conflicts of Interest: New and Pending Rules.” During this 90-minute webinar, our attorneys will clarify key principles, including a review of 2014 proposed amendments to the 2011 FAR conflict of interest rules. From the regulatory framework, to best practices to identify, avoid, mitigate and manage actual or potential conflicts of interest, you’ll learn how best to protect your business from bid protests and even prosecution under the False Claims Act.

Please click here for a copy of the presentation. Will it be more of the same for government contractors in 2016 -- increased oversight, intense competition, new regulations, and consolidation? Join the Crowell & Moring team on Thursday, January 14 at 1:00 pm Eastern to find out. Our attorneys will discuss likely trends for the coming year on a variety of topics including cost, commercial items, update on Executive Orders, investigations, compliance, suspension/debarment, GSA and VA schedules, mergers & acquisitions, small business, procurement fraud and so much more.