Insights

Washington – January 3, 2022: Crowell & Moring elected 13 lawyers to the firm’s partnership, effective January 1, 2022. The firm also promoted seven to the position of senior counsel and 19 associates to the position of counsel. The new partners have been promoted from within the ranks of the firm’s London, New York, and Washington, D.C. offices and from across several practice groups, including Advertising & Media; Antitrust & Competition; Corporate; Energy; Environment & Natural Resources; Government Contracts; Health Care; Technology & Intellectual Property; International Dispute Resolution; Litigation; Mass Tort, Product, and Consumer Litigation; and Privacy & Cybersecurity.

Washington – June 14, 2021: Crowell & Moring has been recommended in six practice areas in the 14th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group and Management Board member, has been named to Legal 500’s “Hall of Fame” for Government Contracts, and Antitrust & Competition partner Megan L. Wolf has been named a “Next Generation Partner” for Merger Control. The firm’s full rankings can be viewed here.

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)

On November 14, 2024, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2024, containing the full statistics shown below:

 On November 12, 2024, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) will issue an interim rule amending FAR 52.204-7 to clarify that an offeror’s failure to maintain System for Award Management (SAM) registration during the period between proposal submission and contract award does not render the offeror ineligible for award.  Providing welcome relief to agencies and contractors alike, the interim rule requires only that an offeror be registered in SAM at the time of offer submission and at the time of contract award.

In Percipient.ai, Inc. v. United States, the Federal Circuit considered Percipient.ai Inc.’s (Percipient) protest arising out of the National Geospatial-Intelligence Agency’s (NGA) SAFFIRE procurement, for the improvement of the agency’s production, storage, and integration of geospatial intelligence data.  Percipient’s protest was unusual—filed in 2023, it related to a task order NGA awarded to CACI, Inc. (CACI) two years earlier, for which Percipient did not (and could not) bid.  But Percipient’s protest did not challenge the award to CACI.  Instead, Percipient challenged NGA’s (and CACI’s) alleged failure, during task order performance, to conduct sufficient market research as to the commercial availability of AI software—for which Percipient already had a commercial offering that purportedly met NGA’s needs—before CACI began developing its own software at significantly higher cost.  Percipient alleged this failure violated 10 U.S.C. § 3453, which establishes a preference for commercial items/services and instructs agencies to procure them “to the maximum extent practicable.”

Crowell & Moring is pleased to announce the next installment of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our next sessions are described below.

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.

Please join Crowell & Moring’s Government Contracts Group as we discuss 2022 changes to the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). Among other topics, we will cover: revisions to the Buy America Act; new FAR requirements that certain entities disclose their use of workforce and facilities in China; proposed changes to the DFARS on noncommercial computer software; and new and proposed FAR amendments implementing changes to the Small Business Administration’s regulations.

Please join us for a discussion to explore key issues in the business community as the war in Ukraine continues to reverberate through the global supply chain.

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:

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, Rob Sneckenberg and Anuj Vohra discuss a recent Federal Circuit decision that may open new doors for prospective protesters.

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, host Rob Sneckenberg highlights three protest trends in 2023—the Federal Circuit revisiting jurisdictional issues; the success and significance of protests in multiple-award procurements; and the potentially increasing importance of COFC protests—plus what to watch for in 2024.

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 Christian Curran and Rob Sneckenberg discuss the latest Court of Federal Claims decision disagreeing with a Government Accountability Office key personnel ruling, as well as what it means for contractors going forward.