On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more
5/29/2025
/ Constitutional Challenges ,
DBE Program ,
Department of Transportation (DOT) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Motion To Intervene ,
Preliminary Injunctions ,
Trump Administration
The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research.
The GSA provided the following explanation of the changes to FAR Part...more
On April 9, 2025, the Center for Indian Country Development published an interesting report on the impact of contract consolidation/bundling by the federal government on Native-owned government contractors.
In Executive...more
On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following:
1. How the 8(a)...more
The United States General Services Administration (“GSA”) has launched a “Revolutionary FAR Overhaul” webpage, at https://www.acquisition.gov/far-overhaul (the “FAR Overhaul”), to provide guidance as federal agencies...more
On April 15, President Trump issued two new executive orders that will have a direct impact on federal contractors:
- Restoring Common Sense To Federal Procurement directs federal agencies to eliminate from the FAR any...more
4/17/2025
/ Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
OMB ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Small Business ,
Trump Administration
On March 14, President Trump issued a new Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions.” In this order, the President rescinded eighteen prior Executive Orders or presidential...more
On January 15, the Department of Defense, GSA, and NASA published proposed rules that would implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. The Act was enacted on December 27, 2022....more
3/10/2025
/ Conflicts of Interest ,
Contractors ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Government Agencies ,
NASA ,
Proposed Rules ,
Regulatory Requirements ,
Risk Management
Federal government agencies propound small business contracting goals that guide other agencies with regard to how much of their contracting dollars should be awarded to small businesses. The SBA conducts an annual review and...more
On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.”
The order states that it ends “all discriminatory and illegal preferences,...more
1/29/2025
/ 8(a) Program ,
Affirmative Action ,
Alaska ,
DBE Program ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OFCCP ,
Rule of Two ,
SBA ,
Small Business ,
Subcontracts ,
Tribal Corporations ,
Trump Administration
On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more
1/22/2025
/ Administrative Procedure Act ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
State and Local Government
On December 19, the Small Business Administration published proposed amendments to 13 CFR § 125.3 that would affect small business subcontracting. Their goal is to accelerate payments to small business subcontractors and...more
On November 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a proposed rule that would amend the Federal Acquisition Regulation (FAR) to adjust...more
The Department of Defense finally issued its rule to implement Section 865 of the National Defense Authorization Act (NDAA) for fiscal year 2024 (Pub. L. 118-31). The act required the DoD to issue a regulation by July 2024...more
As we have previously discussed, businesses that contract with the U.S. government must maintain System of Award Management registration to be eligible for contract awards. We have also discussed the requirement that SAM...more
As we have previously discussed, government contractors generally must maintain System of Award Management (SAM) registration from the time the contractor makes an offer or quotation, at the time of the award, during...more
The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Davis-Bacon Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SBA ,
SCOTUS ,
Service Contract Act ,
Statutory Interpretation
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more
6/12/2024
/ Alaska ,
Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Mentor-Protege Program ,
Proposed Rules ,
Puerto Rico ,
SBA ,
Small Business ,
Subcontractors ,
Tribal Corporations
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have issued a final rule (the “Final Rule”) that amends the Federal Acquisition Regulation (FAR) to maximize...more
On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more
Comments on the proposed rule are due by April 1, 2024.
On January 30, the Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of Federal Procurement Policy...more
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business...more
On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
12/19/2023
/ Contract Disputes Act ,
Contractors ,
Department of Labor (DOL) ,
Employee Retention ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Right of First Refusal ,
Service Contract Act ,
Service Contracts
This is an advisory update of key responsibilities for contractors under a proposed new Federal Acquisition Regulation (FAR) rule that standardizes cybersecurity requirements for a Federal Information System (FIS). The...more