We recently discussed the Federal Circuit’s decision in Global K9 Protection Group, LLC v. United States and the importance of intervening in bid protests, especially when an awardee’s interests may diverge from the government’s. Now, a more recent Court of Federal Claims decision, West Pacific-CMCS JV v. United States, provides additional guidance regarding intervention
Government Contracts Legal Forum
Providing Legal Insight for Government Contractors
Blog Authors
Latest from Government Contracts Legal Forum
All Things Protest: Blue & Gold and Late is Late
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, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan discuss a recent Federal Circuit appeal on the Blue & Gold waiver rule, and…
Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing
In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule. This decision, while nonprecedential, is in line with U.S. Government Accountability…
CAS Board Publishes Final Rule Rescinding CAS 404, 408, 409, and 4117
By Erin Rankin
As part of its ongoing effort to conform the Cost Accounting Standards (“CAS”) to generally accepted accounting principles (“GAAP”), the CAS Board published a final rule rescinding CAS 408 (Accounting for costs of compensated personal absence) and CAS 411 (Accounting for acquisition costs of material). The CAS Board also rescinded CAS 404 (Capitalization of tangible…
May 2026 Bid Protest Sustain of the Month: In a Sustain-less Month, a Masterclass in How Not to Protest
By Cherie Owen
The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice keeps you up to date with a summary of one of the most notable bid protest decisions each month. Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen discusses…
National Security Memorandum Aims to Accelerate Deployment of AI and Streamline Procurement Aligned to Administration Policies
On June 5, 2026, President Trump issued National Security Presidential Memorandum (NSPM) 11 (NSPM-11) to accelerate AI adoption by the U.S. military and intelligence agencies. It directs updated AI management, acquisition, and use policies and seeks to compel AI companies to comply with Trump administration policies. It calls for expanded training and enhanced security in…
April 2026 Bid Protest Sustain of the Month: You Can’t Change the Game Without Letting the Players Adjust
By Cherie Owen
The following ’is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice keeps you up to date with a summary of one of the most notable bid protest sustain decisions each month. Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen…
SBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size Determination
On April 8, 2026, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) denied an appeal arguing that a concern’s early submission of its proposal with pricing was an attempt to “end-run the regulations” for when size is determined. In Size Appeal of DecisionPoint Corporation, SBA No. SIZ-6379, OHA confirmed that a company’s size…
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
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…
Fastest 5 Minutes: Fixed Price Contracting EO, FCA, FOCI
By Peter J. Eyre & M.Yuan Zhou
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…