Insights

San Francisco – February 10, 2021: Crowell & Moring advised Kountable Inc., the leading global trade and technology platform, in connection with its Series A-1 financing lead by Lateral Capital. Kountable secured this round of funding as part of its efforts to expand its U.S. presence and widen its COVID response to further support small and medium-sized enterprises (SMEs). The Kountable platform operates as the necessary missing element that gets critical goods delivered in difficult market conditions. For the past five years, Kountable has activated the capability of SMEs through is curated execution network to efficiently complete large scale projects for governments, foundations, NGOs, and corporations that have had a positive impact on millions of lives. Kountable has solved the challenges of collaboration between critical but overlooked SMEs who play a key role in the success of vast swaths of global trade activity, global multinational suppliers, funders, and logistics and trade services providers.

Washington – January 4, 2021: Crowell & Moring elected nine lawyers to the firm’s partnership, effective January 1, 2021. The firm also promoted 18 associates to the position of counsel. The new partners have been promoted from within the ranks of the firm’s Washington, Los Angeles, and New York offices and from across several practice groups, including Advertising & Media, Environment & Natural Resources, Litigation, International Trade, Antitrust & Competition, Government Contracts, and Intellectual Property.

As we previously reported, on January 16, 2026, the Department of War (DoW) announced an audit of 8(a) sole source awards over $20 million, joining the previously-announced audits by the Small Business Administration (SBA) and U.S. Treasury Department (discussed here and here).  A DoW memorandum also dated January 16, 2026 but only recently made public reveals that this audit is much broader in than originally announced.  Any active 8(a) sole source contract, 8(a) set-aside contract, or small business set-aside contract over $20 million is under scrutiny. 

The Small Business Administration (SBA) has rolled out changes to its 8(a) Program even as it suspends 8(a) participants for failure to respond to the SBA’s December 5, 2025 8(a) audit letters.

On January 16, 2026, U.S. Secretary of War Pete Hegseth posted a video on social media outlining the U.S. Department of War’s (DoW) plan to combat fraud, waste, and abuse in the Small Business Administration’s (SBA) 8(a) Business Development Program. 

On Tuesday, April 5, 2020 at 3 p.m. Eastern, Ken Dodds of Live Oak Bank, a leading SBA lender, will join Crowell & Moring attorneys and policy advisors in a webinar addressing the CARES Act’s Paycheck Protection Program (PPP).  Just over a week after the creation of this lifeline small business loan platform, the webinar will address updates to program eligibility, the current SBA Form 2483 borrower application, and loan calculations and forgiveness based on the SBA’s interim final rules and guidance that have been issued in the past week. 

Crowell & Moring is pleased to announce the next installment of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our next sessions are described below.

This workshop will explain the key advance-planning, decision-making, litigation, and litigation avoidance practice pointers for bid protests before an agency, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims.

The federal government has identified purported ‘waste, fraud, and abuse’ in small business programs as a major focus of its current enforcement efforts. As it relates to federal procurement, we have seen audits and investigations rolled out not only of active participants in the Small Business Administration’s 8(a) Business Development Program but also reviews of various types of small business contracts (such as 8(a) sole source and set-aside awards, preference-based awards, and small business set-aside awards over particular values). Join Crowell & Moring as we discuss what aspects of contract performance and teaming arrangements are being scrutinized (e.g., size/status eligibility, limitations on subcontracting compliance, reasonableness of market rates, etc.) and how these considerations can impact both small government contractors holding the prime contracts under review and their subcontractors. 

September 22, 2025; 12:00pm-1:00pmDevelopments in Caselaw Impacting Small Business Gov Con IssuesSpeakers: Olivia Lynch, Zachary Schroeder, Issac Schabes, Cherie OwenCrowell & Moring will address recent decisions from the Small Business Administration’s Office of Hearings and Appeals, Government Accountability Office, and Court of Federal Claims covering a range of topics including but not limited to: challenges involving size and status based on ostensible subcontractor affiliation; protests of awards to mentor-protégé joint ventures based on questions regarding the mentor-protégé agreement and joint venture corporate governance documents; protests concerning the evaluation of joint venture capabilities and past performance; protests of the evaluation of small business participation plans; and application of the Rule of Two.

Click below to listen or access from one of these links:

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 contracts lawyer or executive should be without.

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 Olivia Lynch discusses recent amendments to the Small Business Administration’s ostensible subcontractor rule and the potential implications these amendments have with respect to protests concerning the ostensible subcontractor rule.