This week’s episode covers a proposed rule updating the regulations relating to Other Transaction Agreements - specifically for prototype and production projects, a DoD proposed rule implementing Section 812 of the NDAA for FY24 relating to contracting for consulting services, and a bid protest decision regarding the FAR’s continuous SAM registrati…

This week’s episode covers a False Claims Act whistleblower lawsuit involving failure to comply with federal cybersecurity requirements, a new CISA cyber incident reporting tool, and a proposed rule to implement an HHS-wide policy relating to health information technology, and is hosted by Peter Eyre. Crowell & Moring's "Fastest 5 Minutes" is a biw…

This special edition covers the SBA’s August 2024 proposed rule to update and clarify various small business programs, and is hosted by Yuan Zhou and Olivia Lynch. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contra…

The St. Louis Pro Bono Partnership is a remarkable collaboration involving three key organizations, Citigroup Inc. (Citi), Bryan Cave Leighton Paisner, and the local legal aid organization, Legal Services of Eastern Missouri, that are focused on providing legal support to underserved communities. The partnership is a testament to the impact that ca…

This week’s episode covers DOD’s proposed rule regarding Cybersecurity Maturity Model Certification 2.0, DOJ’s new Corporate Whistleblower Awards Pilot Program, and an OMB memo that proposes updates to FedRAMP, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of si…

This week’s episode covers a DoD memorandum establishing procedures for covered joint venture facility security clearances, an SBA notice relating to the Mentor-Protégé Programs, and an upcoming mass modification to all existing GSA Multiple Award Schedule contracts, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" …

This week’s episode covers a GAO protest regarding the Procurement Integrity Act and a U.S. Supreme Court decision narrowing the scope of federal bribery law, and is hosted by Peter Eyre. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments t…

This week’s episode covers a proposed rule to replace the phrase “significant deficiency” with “material weakness” for the government’s evaluation of contractor business systems, a GAO report on Defense Counterintelligence and Security Agency’s current cybersecurity policies and procedures, and a nationwide preliminary injunction that halts the U.S…

In 2022, Corporate Pro Bono (CPBO), the global in-house project of Pro Bono Institute (PBI), partnered with the legal department of Entergy Corporation and Edison Electric Institute (EEI) to establish EmPOWERing Pro Bono Day. EmPOWERing Pro Bono Day is an annual day of pro bono service for volunteer attorneys and legal staff from electric and gas c…

This special edition covers the Federal Circuit’s June 2024 protest decision in Percipient.ai, Inc. v. United States, and is hosted by Yuan Zhou and Anuj Vohra. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts…

This week’s episode covers a final rule regarding commerciality and price reasonableness under procurements for major weapon systems, a DOD pilot program involving employee-owned businesses, and an update on the Procurement Collusion Strike Force, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcas…

This week’s episode covers cybersecurity updates, a proposed rule regarding prohibition on semiconductors produced by certain Chinese manufacturers, DOL guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors,” and two settlements under the civil False Claims Act, and is hosted by Peter Eyre and Yuan Zhou…

This week’s episode covers a GSA Acquisition Letter on the use of upfront payments for acquisitions of cloud-based SaaS offerings, an OMB final rule that revised the Uniform Guidance for grants, cooperative agreements, and other federal financial assistance, and a DOD OIG report focusing on financial responsibility reviews, and is hosted by Peter E…

This week’s episode covers a final rule updating the FAR to add Part 40 on information security and supply chain security, a notice of proposed rulemaking detailing how companies will have to comply with the Cyber Incident Reporting for Critical Infrastructure Act of 2022, and a bid protest decision involving inadvertent disclosure of source select…

In partnership with The Bronx Defenders, Cleary attorneys have been supporting the launch of New York State’s Conditional Adult-Use Retail Dispensary licensing program. The first of its kind, this program prioritizes licensing individuals affected by the past criminalization of marijuana use. We spoke with Cleary Gottlieb Pro Bono Counsel, Katherin…

This week’s episode covers an OMB memo directing agencies to advance AI governance and innovation, a bid protest involving compliance with the Trade Agreements Act, and an updated Secure Software Development Attestation Form that must be used by certain software producers and suppliers of products containing software, and is hosted by Peter Eyre an…

This week’s episode covers a Federal Circuit decision holding that an end user license agreement incorporated into another contractor’s agreement was sufficient to establish jurisdiction under the Contract Disputes Act, a new DOJ pilot program to incentivize whistleblowers to report corporate misconduct by offering monetary rewards, and a DOD Class…

This week’s episode covers DoD’s Defense Innovation Unit report about actions to maintain U.S. technological superiority, DOJ’s plans to address the dangers posed by AI technology by seeking sentencing enhancements for crimes committed using AI technology, and a GAO decision involving a situation in which an offeror’s proposal was blocked by the ag…

In 2023, 148 members of GSK's Legal and Compliance Department global pro bono program served 160 clients,providing over 1200 hours of service. Since 2015, GSK has partnered with Homeless Advocacy Project (HAP), an organization that provides free legal services to individuals and families who experience or face homelessness in Philadelphia. GSK lawy…

This week's episode covers a proposed rule on salary-history bans and pay transparency for job applicants and employees of federal contractors and subcontractors, a claim relating to Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, new requirements for U.S.-based Infrastructure as a Service providers, and recent updat…

This week's episode covers a proposed rule regarding limitations on subcontracting, DOD's National Defense Industrial Strategy, a proposed rule seeking to amend the FAR in order to enhance consistency between the suspension and debarment procedures in the FAR and in the Nonprocurement Common Rule system, and is hosted by Peter Eyre and Yuan Zhou. C…

This week's episode covers highlights of the NDAA for FY24, a Class Deviation relating to SDVOSB eligibility, an ASBCA decision involving pandemic-related claims, and DOD guidance detailing what it means for a cloud service provider to FedRAMP Moderate baseline “equivalent,” and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 M…

This special edition covers DoD’s proposed rule for the Cybersecurity Maturity Model Certification Program, and is hosted by Peter Eyre, Michael Gruden, and Nkechi Kanu. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government …

This week's episode covers a DoD final rule that revises DFARS 252.244-7000 (Subcontracts for Commercial Products or Commercial Services), a protest decision relating to key personnel, and a DOJ resolution demonstrating the application of the new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions, and…

This week's episode covers FedRAMP’s announcement about AI-related products, the White House’s next phase of the federal government’s enterprise procurement approach (the Better Contracting Initiative), NIST’s updates regarding protection of controlled unclassified information, and the HHS OIG publication of its General Compliance Program Guidance,…

This week's episode covers the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, a final SBA rule allowing prime contractors to receive small business credit for lower-tier subcontracts in certain situations, and a notice providing guidance concerning joint ventures and access to classified informa…

In 2021, Intel Corporation partnered with legal service organizations across the country to provide pro bono assistance through expungement clinics in support of their commitment to racial justice. With unique volunteer opportunities available for all staff, Intel was able to bring in a much larger group of volunteers beyond attorneys. Their teams …

This week's episode covers the FAR clauses implementing the Federal Acquisition Supply Chain Security Act, updates to NASA's Small Business Mentor Protégé Program, and DOJ’s new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5…

This week's episode covers two proposed rules implementing Executive Order 14028, “Improving the Nation’s Cybersecurity,” the Department of Labor’s announcement of a change in the minimum wage rates for federal contractors, and the White House directive that federal agencies incorporate interim Social Cost of Greenhouse Gases estimates into the pro…

This special edition of the Fastest 5 Minutes podcast covers common questions—and answers—about a potential government shutdown. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be w…

ADM and Skadden formed a pro bono partnership in 2019 to create a series of pro bono days of service, including clinics hosted in Skadden’s office. Since then, they have provided pro bono legal assistance to an array of clients – and over the years the partnership has averaged in assisting 12 to 40 individuals during each clinic. ADM and Skadden ha…

This week's episode covers a Federal Circuit decision about jurisdiction under the Contract Disputes Act, a claim for additional costs relating to COVID related delays, and a False Claims Act settlement touching on cybersecurity and self-disclosure, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podc…

This week's episode covers a new DFARS provision about Commercial Solutions Opening, a bid protest decision about timeliness, significant developments in the SBA’s 8(a) Business Development Program, and updates to the Davis-Bacon Act and Related Acts, and is hosted by Peter Eyre, Olivia Lynch, and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" i…

This week's episode covers a final DOL rule relating to OFCCP’s pre-enforcement resolution procedures, regulatory updates on sustainable procurement and CMMC, and a bid protest decision regarding unfair competitive advantage, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brie…

This week's episode covers two notable False Claims Act settlements and the White House National Cybersecurity Strategy Implementation Plan, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that …

This week's episode covers a GAO report on DoD artificial intelligence acquisition, an update on the CIO-SP4 procurement, and a bid protest decision involving a dispute about the enforceability of non-compete agreements, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief sum…

Religious Discrimination Milbank LLP In a pro bono case Milbank represented All Muslim Association of America (AMAA), a non-profit that provides low-cost burial and funeral services to Muslims in the DMV area, against a county in Virginia that created an ordinance that specifically made it impossible for AMAA to put a cemetery on their property. Mi…

This week's episode covers a DHS final rule implementing measures to safeguard Controlled Unclassified Information and facilitate improved incident reporting to DHS, a letter from Silicon Valley defense technology and venture capital firms calling on DoD to better embrace and scale commercial innovation for military use, a bid protest decision in w…

This week's episode covers an OMB memo that extends the deadline by which agencies must collect attestation letters from software producers certifying their compliance with the NIST Guidance, a proposed DFARS clause implementing revisions to the Buy American Act, an interim rule prohibiting the use of DoD funds to knowingly procure any products min…

This week's episode covers the interim FAR provision that prohibits the presence or use of TikTok on certain types of contractor IT, the updated version of the National Artificial Intelligence Research and Development Strategic Plan, and a Court of Federal Claims decision involving the awardee’s failure to maintain its SAM registration during the p…

Racial Justice Crowell & Moring On June 28, 2021, in a victory for racial justice, a settlement was announced on behalf of four residents of Baltimore’s Harlem Park, a predominately Black neighborhood, who filed a federal court lawsuit against the Baltimore City Police Department (BPD) and former Police Commissioner Kevin Davis. The residents’ laws…

This week's episode covers NIST’s release of Special Publication (SP) 800-171 Revision 3 relating to CUI, the latest developments regarding the federal debt limit and the potential impacts for contractors, and the Small Business Administration final rule amending various aspects of the SBA’s regulations including the Mentor-Protégé Program, and is …

This week's episode covers the proposed Secure Software Self-Attestation Common Form issued by CISA, OFCCP’s issuance of a modified version of its initial proposed revisions to the Scheduling Letter and Itemized Listing, and a Civilian Board of Contract Appeals decision about jurisdiction and timeliness, and is hosted by Peter Eyre and Yuan Zhou. C…

This week's episode covers resolution of False Claims Act allegations relating to alleged payments in violation of the Anti-Kickback Act, cessation of certain emergency contracting measures deployed early in the COVID-19 pandemic, and DoD Instruction 8310.01 relating to DoD IT, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest …

This week's episode covers GSA’s Acquisition Guidance for Procuring 5G Technology, implementation of OMB’s memo focusing on “No TikTok on Government Devices,” and an ASBCA matter involving intracompany lease payments, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summar…

This week's episode covers a final rule amending the DFARS to incorporate the expanded capabilities of the Supplier Performance Risk System and requirements on contracting officers, a bid protest decision at the Court of Federal Claims regarding standing, and a GAO protest decision about the Procurement Integrity Act, and is hosted by Peter Eyre an…

Robins Kaplan Pro Bono and Indigenous People In a pro bono case that has drawn national attention, Robins Kaplan sued the federal government on behalf of the Rosebud Sioux Tribe after the Centers for Medicare & Medicaid Services closed the only emergency room on the Rosebud Reservation. On behalf of the Tribe, Robins Kaplan attorneys argued that th…

This week's episode covers the National Cyber Security Strategy, a final DFARS clause requiring disclosure of use of workforce and facilities in the China, the Department of Commerce’s first Notice of Funding Opportunity under the CHIPS and Science Act of 2022, and congressional inquiries about financial conflicts of interest and ethically question…

This week's episode covers DOJ’s Voluntary Self-Disclosure Policy, a new Disruptive Technology Strike Force, and a bid protest involving evaluation of a joint venture’s past performance, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government con…

This week's episode covers new guidance from GSA about acquisition of approved software, DOJ’s report of activity under the False Claims Act during FY22, and DoD’s use of innovative commercial products and services using general solicitation competitive procedures, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is…