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
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. 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
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
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
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
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
Debriefings can be one of the most valuable opportunities for government contractors in the procurement process. Whether you win or lose a competition, a well-conducted debriefing provides insight into the agency’s...more
9/5/2025
/ Bid Protests ,
Business Development ,
Contract Management ,
Debriefing ,
Defense Contracts ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
GAO ,
Procurement Guidelines
Contractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the...more
One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests...more
6/27/2025
/ Bid Protests ,
Competition ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Federal Acquisition Regulations (FAR) ,
Filing Deadlines ,
GAO ,
Government Agencies ,
Procurement Guidelines ,
Solicitation
Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or...more
On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more
When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more
5/29/2025
/ Appeals ,
Bid Protests ,
Construction Industry ,
Contract Disputes ,
Dispute Resolution ,
Federal Acquisition Regulations (FAR) ,
Federal Aviation Administration (FAA) ,
Federal Contractors ,
Filing Deadlines ,
Government Agencies ,
Judicial Authority
In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties,...more
The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...more
5/12/2025
/ 8(a) Program ,
Appeals ,
Bid Protests ,
COFC ,
Competition ,
Contract Disputes ,
Contractors ,
Court of Federal Claims ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies ,
Injunctive Relief ,
Prejudice ,
Procurement Guidelines ,
Small Business
Winning a federal contract can be a significant opportunity, but what happens if the government doesn’t pay you on time — or at all? While the federal government is typically a reliable payer, delays or disputes can arise,...more
The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more
The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more
2/16/2023
/ Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note.
- ASRC Federal Data Solutions LLC
- ESimplicity Inc. v. U.S.
-...more
We previously published an overview of the bid protest procedures in the State of Alabama and noted that the existing laws and regulations were repealed and replaced effective October 1, 2022. This article provides a brief...more
The U.S. Court of Federal Claims, in Hydraulics International, Inc. v. United States, recently held that the court had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection...more
The U.S. Small Business Administration (SBA) recently issued a final rule adopting a 24-month — as opposed to the current 12-month — average to calculate a business’s number of employees for eligibility purposes in all SBA...more
The Federal Acquisition Regulatory Council recently issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 14026 “Increasing the Minimum Wage for Federal Contractors” and a final...more