Insights

Washington – August 17, 2023: The 2024 edition of The Best Lawyers in America® has recognized 47 firm lawyers as "Best Lawyers" and 41 lawyers as “Ones to Watch.”

Washington – January 10, 2022: Crowell & Moring represented the founders of Aerial Armor in the sale of the company to Dedrone Holdings Inc., a leader in smart airport security.

Washington – August 18, 2022: The 2023 edition of The Best Lawyers in America® has recognized 54 firm lawyers as "Best Lawyers" and 32 lawyers as “Ones to Watch.”

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024, signed into law on December 22, 2023, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. These include changes that impose a new conflict of interest regime for government contractors with a connection to China, impose new restrictions and requirements, require government reporting to Congress on acquisition authorities and programs, and alter other processes and procedures to which government contractors are subject. The FY 2024 NDAA also includes the Federal Data Center Enhancement Act, the American Security Drone Act, and the Intelligence Authorization Act for FY 2024.

On October 5, 2023, the Information Security Oversight Office issued Joint Notice 2024-01: Joint Ventures and Entity Eligibility Determinations (Joint Notice) with the Small Business Administration (SBA) and in coordination with the Department of Defense (DoD) to provide government contractors with additional guidance concerning joint ventures (JVs) seeking access to classified information (an Entity Eligibility Determination (EED) or Facility Clearance (FCL)).  Among other things, this Joint Notice clarifies that companies should not rely on the SBA’s regulations for the proposition that a small business JV will never need to hold an EED. 

On October 4, 2023, Deputy Attorney General (DAG) Lisa O. Monaco announced the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (Safe Harbor Policy).  Following other announcements from DOJ over the past two years aimed at encouraging voluntary self-disclosures, the Safe Harbor Policy was adopted because DOJ does not want to “discourage companies with effective compliance programs from lawfully acquiring companies with ineffective compliance programs.”  Through this new policy, DOJ is aiming to incentivize acquirers to timely disclose misconduct discovered during the M&A process (including pre-closing diligence and post-closing integration).

When an acquisition involves an entity that currently claims (or even previously claimed) small business size and/or status, there are additional factors that must be considered. We will address the impact that small business status can have on diligence; the types of representations, certifications, warranties, covenants, etc. that you might expect to see used; implications for a small business target if, post-acquisition, the entity will no longer be able to claim small business size and/or status; and common post-close activities required of a small business that, post-acquisition, can no longer claim small business size and/or status.

The regulations governing the interaction of small businesses in federal government contracting are complex and often undergoing changes. Please join us for a webinar series that explores the relevant rules and what government contractors should consider when claiming a particular size and/or status as well as considerations for entities that mentor and/or acquire small businesses.

Crowell & Moring is offering a two-part webinar series for government contractors on past and anticipated developments in procurement statues and regulations concerning small businesses.  

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 is joined by Michael Samuels to discuss a recent decision from the Small Business Administration’s Office of Hearings and Appeals on the ostensible subcontractor rule as well as a recent Government Accountability Office decision sustaining a protest of an agency solicitation that required a joint venture competing for the award, as opposed to the individual members of the joint venture, to hold a top secret facility clearance.  

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 Olivia Lynch and Rob Sneckenberg are joined by colleague Michael Samuels to discuss recent developments in GAO’s Key Personnel case law.