Government Contracts Podcasts

All Things Protest: Year-End Trends and a Look Ahead to 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, 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.

All Things Protest: GAO’s Decision in Global Alliant - Highlighting Pitfalls Surrounding Key Personnel Issues and Discussions

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 Christian Curran highlights a recent GAO decision with analysis on key personnel and discussions issues.

 

Materials Discussed in This Episode:

• Global Alliant, Inc., B-421859, B-421859, et al., Nov. 7, 2023

All Things Protest: Updates to SBA’s Ostensible Subcontractor Rule

 

 

Materials Discussed in This Episode:

• Small Business Administration, Final Rule, Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program, April 27, 2023

Let’s Talk FCA: Civil-Cyber Fraud Initiative

In this episode, Jason Crawford, Nkechi Kanu, and Agustin Orozco discuss a recent settlement that underscores the DOJ's increased use of the False Claims Act to enforce noncompliance with cybersecurity requirements. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

Let’s Talk FCA: Pandemic Relief Fraud

In this episode, Jason Crawford, Olivia Lynch, and Agustin Orozco discuss government investigations and enforcement trends regarding pandemic relief fraud. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

All Things Protest: COFC Finds Agency’s Reliance on GAO Key Personnel Ruling Irrational

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.

Materials Discussed in This Episode:

• KPMG LLP v. United States, No. 22-866, 2023 WL 4613034 (Fed. Cl. July 3, 2023)
• Sehlke Consulting, LLC, B-420538, May 18, 2022, 2022 CPD ¶ 119

Let’s Talk FCA: Supreme Court Upholds DOJ’s Broad Dismissal Authority

In this episode, Jason Crawford, Agustin Orozco, and Lyndsay Gorton discuss the Supreme Court's opinion in United States ex rel. Polansky, which held in an 8-1 decision that the Department of Justice maintains broad authority to dismiss qui tam cases over a relator's objection. The hosts also discuss Justice Thomas' dissenting opinion which could ultimately prove to be more impactful than the Court's holding.

All Things Protest: Recent Corrective Action and Clarification Wins

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 Christian Curran and guests Zachary Schroeder and Issac Schabes discuss two rare protest sustains—one from GAO involving a successful challenge to the scope of corrective action, and the other from the Court of Federal Claims finding that the agency abused its discretion in not allowing the protester to fix a minor proposal error through clarifications.

 

Materials Discussed in This Episode:

1. Kupono Government Services, LLC; Akima Systems Engineering, LLC, B-421392.9, June 5, 2023, 2023 WL 3863512
2. Aspire Therapy Services & Consultants, Inc. v. United States, No. 23-253, 2023 WL 3960844 (Fed. Cl. May 30, 2023)

All Things Protest: The Federal Circuit Re-Writes the Rules on Standing, Jurisdiction, and Mid-Protest OCI Considerations

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 and guest Anuj Vohra discuss two recent court decisions discussing when agencies may issue organizational conflict of interest (“OCI”) decisions in response to bid protests, and how reviewing courts will consider them.  Rob and Anuj also discuss new law from the Federal Circuit concerning bid protest standing, prejudice, and jurisdiction, as well as evolving considerations for intervenors defending against bid protests.

 

Materials Discussed in This Episode:

• CACI, Inc.-Fed. v. U.S., No. 2022-1488, 2023 WL 3327090 (Fed. Cir. May 10, 2023)
• Piedmont Propulsion Sys., LLC v. U.S., No. 23-330C, 2023 WL 3441782 (Fed. Cl. May 12, 2023)
• See also FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses (discussing GAO and Court decisions in VS2 regarding challenges by intervenors)

FCA’s Knowledge Element Gets Its Day In Court

In this episode, Jason Crawford, Brian Tully McLaughlin, and Agustin Orozco explore the issues before the Supreme Court in two consolidated cases involving the False Claims Act. The hosts discuss the April 18 oral argument in Schutte/Proctor where the question before the Justices is whether a defendant’s subjective knowledge about whether its conduct was legal is relevant to whether it “knowingly” submitted false claims.