Insights

Washington – July 15, 2025: Crowell & Moring was honored to represent MP Materials in its landmark partnership with the U.S. Department of Defense, making DoD the company’s largest shareholder. On July 9, MP and DoD signed a multibillion-dollar package of investments and long-term commitments, providing for, among other things, construction of the company’s second domestic magnet manufacturing facility. The agreements include convertible preferred equity, warrants, loans, and price floor and offtake commitments.

Washington – July 1, 2025: A Crowell & Moring team represented Parsons Corporation in its $89 million acquisition of Chesapeake Technology International, a defense technology firm known for its advanced capabilities supporting all-domain operations and the Indo-Pacific Command.

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.

On August 14, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council) issued draft revisions to FAR Part 8 and FAR Part 12 (as well as to FAR Parts 4 and 40). These are the latest rewrites under the Revolutionary FAR Overhaul (RFO) initiative pursuant to Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which we previously reported on here.

On August 7, 2025, the FAR Council issued a final rule amending FAR 52.204-7 to clarify that, effective immediately, an offeror’s failure to maintain continuous System for Award Management (SAM) registration between proposal submission and contract award does not render the offeror ineligible for award, so long as the offeror was registered in SAM at the time of proposal submission and is registered at the time of contract award. The final rule should address situations like TLS Joint Venture, LLC, B-422275, Apr. 1, 2024, 2024 CPD ¶ 74, where an offeror’s SAM registration lapsed for a single day between the proposal submission and award dates, and GAO found the offeror ineligible for award.

On May 12, 2025, the Defense Counterintelligence and Security Agency (DCSA) released a new SF-328[1] consisting of 9 questions and 6 pages of instructions that detail the types of supporting documentation requested and identify information required by different responding entities (e.g., corporate, non-profit, academic, etc.). With this SF-328, DCSA is seeking certain frequently requested information and documents with initial SF-328 submissions rather than obtaining these documents through communications or revised SF-328 submissions. Additionally, when completed, the new SF-328 is considered Controlled Unclassified Information (CUI).

Crowell & Moring will address individually small business size and each status that can be claimed in federal government contracting. We’ll cover: the eligibility requirements for each status; the certification process (if any); discussion of regulatory and statutory changes as well as any significant caselaw from 2021; and coming developments in 2022.

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.

This special edition of the Fastest 5 Minutes podcast covers recent developments related to domestic preferences including executive orders, final regulations, the Made in America Office, and the Infrastructure Investment and Jobs Act, and is hosted by Peter Eyre, Addie Cliffe, and Allison Skager. 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.