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Department of Defense Issues Defense Industrial Base Memorandum

Client Alert | 1 min read | 03.20.20

Following the March 19, 2020 guidance issued by the Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA) on “essential” critical infrastructure workers during COVID-19, the Department of Defense (DoD) issued a memorandum today reiterating that the Defense Industrial Base (DIB) is identified as a critical infrastructure sector by DHS, and that those who work in such sectors are expected to maintain normal work schedules.  The DHS guidance identified the DIB essential critical infrastructure workforce as those who provide “essential services to meet national security commitments,” including aerospace; mechanical and software engineers; manufacturing/production workers; IT support; security staff; security personnel; intelligence support; aircraft and weapon systems mechanics and maintainers; suppliers of medical supplies and pharmaceuticals; and critical transportation.  The DoD memorandum adds some additional details, stating that DoD contracts and subcontracts that support the development, production, testing, fielding or sustainment of weapons systems/software systems or the manning, training, equipping, deploying, or support of military forces, are considered essential critical infrastructure that should maintain normal work schedules.

However, DoD contracts and subcontracts that support tasks such as providing office supplies, recreations support or lawn care are not considered essential.  DoD notes that it will continue to assess conditions, and that companies should continue to follow guidance issued by the Centers for Disease Control and Prevention as well as State and local government officials regarding strategies to contain the spread of COVID-19.  Crowell & Moring is standing by to assist with COVID-related questions.

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Client Alert | 3 min read | 07.10.26

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....