We previously published an update on the bid protest procedures in the state of Alabama, discussing the revised statutory and regulatory processes and procedures implemented effective October 1, 2022....more
2/6/2026
/ Administrative Review ,
Alabama ,
Bid Protests ,
Bid Solicitation ,
Competitive Bidding ,
Contract Disputes ,
Filing Deadlines ,
New Legislation ,
Notice Requirements ,
Procurement Guidelines ,
Public Bidding ,
Public Contracts ,
Public Procurement Policies ,
State and Local Government ,
State Contracts ,
State Procurement Contracts ,
Statutory Requirements
The Department of Justice (DOJ) announced recently that settlements and judgments under the False Claims Act (FCA) exceeded $6.8 billion in the fiscal year ending September 30, 2025 — the highest single-year total in the...more
1/30/2026
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Prescription Drugs ,
Procurement Guidelines ,
Qui Tam ,
Tariffs ,
Whistleblowers
In a sweeping and unprecedented enforcement action, the Small Business Administration (SBA) has dramatically escalated its oversight of the 8(a) Business Development Program — reportedly leaving more than 1,000 small...more
1/29/2026
/ 8(a) Program ,
Administrative Procedure Act ,
Appeals ,
Business Development ,
Due Process ,
Enforcement Actions ,
Federal Contractors ,
Government Agencies ,
Office of Hearings and Appeals (OHA) ,
Procurement Guidelines ,
SBA ,
Small Business ,
Suspensions & Debarments
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted....more
1/26/2026
/ Board of Contract Appeals ,
Breach of Contract ,
Contract Disputes ,
Contract Disputes Act ,
Contract Terms ,
Court of Federal Claims ,
Damages ,
Dispute Resolution ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Government Agencies ,
Payment Terms ,
Procurement Guidelines ,
Prompt Payment ,
U.S. Treasury ,
USAID
As federal agencies continue to navigate budget constraints, geopolitical uncertainty, workforce shortages, and rapid technological change, government contractors entering 2026 face an increasingly complex legal and...more
1/26/2026
/ Audits ,
Bid Protests ,
Contract Disputes ,
Contract Disputes Act ,
Cybersecurity ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Labor Standards Enforcement ,
Risk Management ,
Subcontractors ,
Wage and Hour
The U.S. government contracts market is the largest and most sophisticated public procurement system in the world, with annual spending exceeding hundreds of billions of dollars across defense, civilian agencies,...more
1/21/2026
/ Buy American Act ,
CFIUS ,
Cybersecurity ,
Defense Contracts ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FOCI ,
Foreign Entities ,
Foreign Investment ,
National Security ,
Procurement Guidelines ,
Public Procurement Policies ,
Subcontractors ,
Suspensions & Debarments ,
Teaming Agreements ,
Trade Agreements Act
The U.S. District Court for the District of Columbia recently issued a significant ruling in City of Saint Paul, Minnesota, et al. v. Christopher Wright, addressing constitutional constraints on executive agency conduct in...more
1/14/2026
/ Administrative Agencies ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Energy (DOE) ,
Equal Protection ,
Federal Funding ,
Federal Grants ,
Fifth Amendment ,
First Amendment ,
Government Agencies ,
Political Campaigns ,
Retaliation ,
Standing ,
Unconstitutional Condition ,
Viewpoint Discrimination
In 2025, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five noteworthy bid protest decisions affecting jurisdiction and agency...more
1/8/2026
/ Appeals ,
Bid Protests ,
Buy America ,
Buy American Act ,
CAFC ,
COFC ,
Conflicts of Interest ,
Contract Disputes Act ,
Contract Terms ,
Court of Federal Claims ,
En Banc Review ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
International Trade ,
Jurisdiction ,
SBA ,
Small Business ,
Standing ,
Statutory Interpretation ,
Subcontractors ,
Subject Matter Jurisdiction ,
Trade Agreements Act
In Part 1 of this series, we introduced the Federal Acquisition Regulation’s (FAR) approach to insurance and risk allocation in federal procurement, with a focus on FAR Part 28 and the insurance-related clauses in FAR Subpart...more
1/6/2026
/ Auto Insurance ,
Commercial Insurance Policies ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Insurance Contracts ,
Insurance Regulations ,
Liability ,
Liability Insurance ,
Motor Vehicles ,
Procurement Guidelines ,
Regulatory Requirements ,
Risk Management ,
Risk Mitigation ,
Subrogation ,
Transportation Industry
As 2025 draws to a close, both the Armed Services Board of Contract Appeals (ASBCA) and the Civilian Board of Contract Appeals (CBCA) have released their annual reports for fiscal year 2025....more
1/2/2026
/ Appeals ,
Appellate Courts ,
Arbitration ,
Armed Services Board of Contract Appeals ,
CBCA ,
Contract Disputes ,
Contract Disputes Act ,
Department of Defense (DOD) ,
Dispute Resolution ,
Federal Contractors ,
General Services Administration (GSA) ,
Government Agencies ,
Judicial Review ,
Motion to Dismiss ,
Summary Judgment
On November 25, 2025, the Department of State announced an agreement of up to $150 million with Zipline International Inc. to expand access to life-saving medical supplies across Côte d’Ivoire, Ghana, Kenya, Nigeria, and...more
12/1/2025
/ Economic Development ,
Emerging Technologies ,
Federal Funding ,
Foreign Aid ,
Foreign Policy ,
Gilead Sciences ,
Government Agencies ,
Healthcare ,
Innovative Technology ,
International Aid Agencies ,
Public Health ,
Public Private Partnerships (P3s) ,
Supply Chain ,
US Department of State
The Small Business Administration’s (SBA) ostensible subcontractor rule remains one of the most consequential — and misunderstood — affiliation principles in federal procurement. For small businesses pursuing set-aside...more
11/4/2025
/ Bid Protests ,
Contract Drafting ,
Federal Contractors ,
Office of Hearings and Appeals (OHA) ,
Procurement Guidelines ,
Risk Management ,
SBA ,
Set-Aside Contracts ,
Set-Asides ,
Small Business ,
Subcontractors
The Federal Acquisition Regulation (FAR) is a comprehensive set of regulations governing federal procurement — prescribing how agencies acquire goods and services and how contractors compete for, win, and perform government...more
11/3/2025
/ Contract Management ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Government Agencies ,
Insurance Regulations ,
Liability Insurance ,
Procurement Guidelines ,
Risk Allocation ,
Risk Management
In a recent decision, the Civilian Board of Contract Appeals (CBCA) held that contractors performing loan-servicing work for the Department of Education are entitled to reimbursement for increased labor costs resulting from...more
11/3/2025
/ CBCA ,
Contract Disputes ,
Contract Disputes Act ,
Contract Terms ,
Department of Education ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Wage ,
Paid Sick Leave ,
Price Adjustments ,
Wage and Hour
Government shutdowns create unique challenges for federal contractors — especially when performance obligations collide with halted agency operations, furloughed contracting officers, and disrupted oversight. One...more
10/30/2025
/ Contract Disputes ,
Contract Disputes Act ,
Contract Management ,
Contract Terms ,
CPARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Shutdown ,
Public Contracts ,
Risk Management ,
Stop Work Orders
Government contractors often focus on federal procurement opportunities, which are governed by the Federal Acquisition Regulation (FAR) regime. However, the state-level procurement landscape presents a distinct — and often...more
The federal procurement landscape is shifting rapidly. Agencies, Congress, and the courts have pushed major changes recently that affect how contracts are written, awarded, challenged, and performed. Below is a concise survey...more
10/24/2025
/ Artificial Intelligence ,
Bid Protests ,
Corporate Counsel ,
Cybersecurity Maturity Model Certification (CMMC) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Procurement Guidelines ,
Regulatory Reform ,
Supply Chain
Colleges and universities are increasingly engaged in complex relationships with the federal government — through contracts, cooperative agreements, and research grants that fund everything from infrastructure and...more
10/22/2025
/ Colleges ,
Compliance ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
DFARS ,
Educational Institutions ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Federal Grants ,
Regulatory Requirements ,
Universities
Under Executive Order 14275, Restoring Common Sense to Federal Procurement, and accompanying OMB Memorandum M-25-26, the FAR Council is undertaking a comprehensive redesign of the Federal Acquisition Regulations (FAR). The...more
10/21/2025
/ Comment Period ,
Compliance Dates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
OMB ,
Procurement Guidelines ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
Small Business
When a federal government shutdown occurs, contractors often face difficult decisions about whether to continue performance on certain contracts. In some cases, contractors may feel pressure — from either operational...more
10/16/2025
/ Anti-Deficiency Act ,
Contract Disputes ,
Contract Management ,
Contract Modification ,
Contract Terms ,
Corporate Counsel ,
DCAA ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Federal Procurement Systems ,
Government Shutdown ,
Procurement Guidelines ,
Risk Management
The current federal government shutdown is on Day 8 as of the date of this post. The section of the Government Accountability Office (GAO) that handles bid protests is included in the portion of the government that is...more
The Department of Justice recently announced that Georgia Tech Research Corporation (GTRC) has agreed to pay $875,000 to resolve allegations that it violated the False Claims Act by failing to meet required cybersecurity...more
10/8/2025
/ Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
NIST ,
Qui Tam ,
Settlement ,
Whistleblowers
The Federal Acquisition Regulation (FAR) is often described as the “bible” of federal procurement. For decades, it has governed how agencies acquire goods and services, and how contractors compete for, win, and perform...more
10/7/2025
/ Corporate Counsel ,
Cybersecurity ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Innovative Technology ,
Procurement Guidelines ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Small Business ,
Sustainability
Bradley recently published articles discussing how government contractors should prepare for and deal with a shutdown and how contractors can recover costs and seek time extensions as a result of a shutdown. Below are key...more
10/3/2025
/ Contract Disputes ,
Contract Disputes Act ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Financing ,
Government Shutdown ,
Procurement Guidelines ,
Recordkeeping Requirements ,
Request for Equitable Adjustment ,
Risk Management ,
Stop Work Orders ,
Subcontractors ,
Time Extensions
With the possibility of a government shutdown looming, federal contractors are rightfully concerned about how such an event could affect their contracts. Work stoppages, closed government facilities, and furloughed...more
9/30/2025
/ Contract Claims ,
Contract Disputes ,
Contract Disputes Act ,
Contract Management ,
Contract Terms ,
Delays ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Shutdown ,
Procurement Guidelines ,
Request for Equitable Adjustment ,
Risk Management ,
Stop Work Orders ,
Time Extensions