The Civilian Board of Contract Appeals (CBCA or Board) recently published its Annual Report for FY 2024, providing statistics regarding the adjudication of appeals between contractors and civilian agencies. This year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs, the General Services Administration, the
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Back to the Future: CBCA to Implement New Electronic Docketing System
On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS). Once implemented, the Board will require use of the new EDS for most submissions.
For individuals already registered with the Government Accountability Office’s Electronic Protest Docketing System (EPDS), the EDS interface…
Special Edition of the Fastest 5 Minutes
Labor and Employment under the New AdministrationThis week’s special edition focuses on what contractors can expect from the incoming administration relating to labor and employment matters, and is hosted by Peter Eyre and Kris Meade. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal…
November 2024 Bid Protest Sustain of the Month: GAO Reminds Agencies that They Must Consider the Impact of a Corporate Transaction When Evaluating Proposals
The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. Below, Crowell Consultant Cherie Owen discusses DecisionPoint Corporation- fka Emesec Inc., in which…
CFIUS Finalizes Regulations to Increase Penalties, Expand Subpoena Authority, and Enhance Enforcement Authorities to Protect National Security
On Monday, November 18, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) announced that it had finalized the regulatory changes previewed in April that will enhance certain CFIUS procedures and sharpen its penalty and enforcement authorities.[1] The changes go into effect on December 26, 2024 and as…
Let’s Talk FCA
Constitutionality of the Qui Tam Provisions
In this episode, Jason Crawford, Agustin Orozco, and Will Tucker discuss U.S. ex. rel. Zafirov v. Florida Medical Associates LLC, the recent decision in which a court found the qui tam provisions of the False Claims Act to be unconstitutional. The hosts analyze the court’s reasoning and consider its…
Clean Energy Tax Credits and After the Election – What to Expect?
Since its passage in 2022, the Inflation Reduction Act’s renewable energy tax credits have been in the crosshairs of Congressional Republicans. With many of the Tax Cuts and Jobs Act provisions expiring at the end of 2025, and a full plate of Trump and Congressional Republican Campaign promises for tax cuts in play, the Republicans…
October 2024 Bid Protest Sustain of the Month: Agency Rejects Proposal on a Technicality; GAO says “Not So Fast!”
The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. Below, Crowell Consultant Cherie Owen discusses Hometown Veterans Medical, LLC, B-422751; B-422751.2, Oct.…
2024 GAO Bid Protest Report Shows Notable Decrease in Merit Decisions
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:…
CBCA Denies the Government’s Motion for Summary Judgment Based on an Issue of Fact Regarding the Contractor’s Reservation of Rights via a Transmission Email
In Fortis Industries, Inc., CBCA 7967 (Sept. 18, 2024), the Civilian Board of Contract Appeals (CBCA) denied in part the government’s motion for partial summary judgment on the issue of whether the contractor released its claims by signing a modification terminating the contract for convenience. During contract performance, the General Services Administration (GSA) imposed monthly…