On May 14, 2026, the U.S. Court of Appeals for the Federal Circuit issued a stark warning to government contractors: when a bid protest is filed involving your contract, failing to timely intervene can cost you the ability to defend your award. In Global K9 Protection Group, LLC v. United States, the Federal Circuit upheld the
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Fastest 5 Minutes: Fixed Price Contracting EO, FCA, FOCI
This week’s episode covers a new Executive Order on fixed-price contracting, a new DOJ initiative targeting coordination with data-mining qui tam relators, and a proposed rule that would extend FOCI reviews to uncleared defense contractors, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that…
Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts
On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts…
Small Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to Know
On April 13, 2026, President Trump signed into law the Small Business Innovation and Economic Security Act, which reauthorized the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs are Small Business Administration-sponsored initiatives intended to encourage small business contractors to conduct early-stage research and development (R&D) and help foster…
Government Contractors, Take Note: Illinois Court Curtails Broad BIPA Exemption
A recent Illinois appellate decision has narrowed a key protection that state and local government contractors have long been able to rely on under Illinois’ Biometric Information Privacy Act (BIPA). In Thomas v. Cornerstone Services, Inc., the Illinois Appellate Court held that BIPA’s government contractor exemption does not provide blanket immunity to contractors simply because they…
Fastest 5 Minutes: DEI EO, SBIR, Pentagon Budget
This week’s episode covers implementation of EO 14398 (Addressing DEI Discrimination by Federal Contractors), the reauthorization of the SBIR program, and the Pentagon’s FY27 budget request, 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…
FAR Council Issues Deviation Implementing EO 14398 With FAR 52.222-90 — DEI Restrictions on Federal Contractors
As discussed in our March 30, 2026, client alert, Déjà Vu: New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity, President Trump issued Executive Order 14398 (EO 14398), Addressing DEI Discrimination by Federal Contractors, on March 26, 2026. The EO declared DEI activities “unethical and often illegal,” required a new mandatory contract…
COFC Holds that USAID Contractors Properly Pleaded Breach of Contract by Improper Mass Termination in Bad Faith/Abuse of Discretion
In Danziger et al. v. U.S., No. 25-cv-1241 (Fed. Cl. Apr. 10, 2026) (a Crowell & Moring case), the Court of Federal Claims (COFC) denied the government’s motion to dismiss a complaint seeking breach of contract damages for improper terminations in bad faith and/or abuse of discretion.…
Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test
In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the…
SBIR/STTR Programs Reauthorized After Six-Month Lapse
On April 13, 2026, President Trump signed the Small Business Innovation and Economic Security Act of 2026 (S. 3971) (the Act), extending the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs through September 30, 2031. The legislation cleared the U.S. Senate on March 3, 2026 and then was passed by the…