In this month’s protest roundup, we consider two protests before the Government Accountability Office (GAO) and a status protest before the Small Business Administration (SBA) Office of Hearings and Appeals (OHA). The first...more
3/20/2026
/ Bid Protests ,
Construction Contracts ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
GAO ,
Office of Hearings and Appeals (OHA) ,
Procurement Guidelines ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business
Procuring agencies enjoy considerable discretion when evaluating proposals, assigning strengths, and determining best value. In streamlined acquisitions, such as orders and blanket purchase agreements (BPAs) under the Federal...more
2/6/2026
/ Acquisitions ,
Arbitrary and Capricious ,
Army ,
Bid Protests ,
Court of Federal Claims ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Supply Schedule (FSS) ,
Judicial Review ,
Procurement Guidelines
In a memorandum dated January 16, 2026, the Department of Defense (DoD) has directed a department-wide review of every small business set-aside award in excess of $20 million. The Department has also ordered a review of all...more
In this month’s bid protest roundup, we consider recent decisions of the Government Accountability Office (GAO) and the Court of Federal Claims. The first decision considers an agency’s options for publicizing a solicitation...more
12/16/2025
/ 8(a) Program ,
Bid Protests ,
BPA ,
Competition ,
Confidential Information ,
Conflicts of Interest ,
Court of Federal Claims ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Supply Schedule (FSS) ,
GAO ,
General Services Administration (GSA) ,
Procurement Guidelines ,
SBA ,
Standing ,
Subcontractors ,
USDA
Last month, the Pentagon announced it would be “Transforming the Defense Acquisition System into the Warfighting Acquisition System to Accelerate Fielding of Urgently Needed Capabilities to Our Warriors.” The proclamation...more
12/10/2025
/ Acquisitions ,
Commercial Contracts ,
Competition ,
Contractors ,
Cost Accounting Standards (CAS) ,
Data Rights ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Innovation ,
Intellectual Property Protection ,
Investors ,
OMB ,
Private Equity Firms ,
Procurement Guidelines ,
Public Procurement Policies ,
Regulatory Reform ,
Venture Capital
As small business provisions disappear from the Federal Acquisition Regulation (“FAR”) (perhaps to be relocated or perhaps to be permanently deleted) and reports of the use of a “Deregulation Tool” at the Small Business...more
9/5/2025
/ Deregulation ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Government Agencies ,
Procurement Guidelines ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
SBA ,
Set-Asides ,
Small Business
As of August 28, 2025, the project to overhaul the Federal Acquisition Regulation (FAR) has finished FAR Parts 1, 4-6, 8-12, 18, 26, 28-31, 33-36, 38-40, 43, 46, 48-51, and various sections of Parts 2 and 52. One can review...more
9/3/2025
/ Bid Protests ,
Contract Management ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Government Agencies ,
Procurement Guidelines ,
Regulatory Reform ,
Rulemaking Process ,
Small Business
The FAR Council has finalized, without changes, a 2024 interim rule that adjusted the requirements of FAR 52.204-7. This is the provision that governs an offeror’s registration in the System for Award Management (SAM). The...more
8/19/2025
/ Bid Protests ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
Interim Final Rules (IFR) ,
Procurement Guidelines ,
Registration Requirement ,
Regulatory Requirements ,
System For Award Management (SAM)
The Office of Management and Budget (OMB) has released new guidance in the push to consolidate federal procurement activities. The guidance, which expands on Executive Order 14240, aims to reduce waste and duplication by...more
7/25/2025
/ Biden Administration ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Government Agencies ,
GWACs ,
New Guidance ,
OMB ,
Procurement Guidelines ,
Proposed Rules
The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more
6/10/2025
/ Acquisitions ,
Bid Protests ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Funding ,
GAO ,
Government Agencies ,
Intellectual Property Protection ,
SBIRs ,
Small Business ,
Statutory Interpretation ,
STTR ,
Technology Sector
The latest part of the Federal Acquisition Regulation (FAR) to undergo a rewrite is FAR Part 10, which addresses market research for acquisitions. The General Services Administration has already adopted the new Part 10 via...more
5/28/2025
/ Acquisitions ,
Competition ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Market Research ,
New Guidance ,
New Regulations ,
Procurement Guidelines ,
Regulatory Reform ,
Regulatory Requirements ,
Small Business
At the end of 2024, Senator Roger Wicker (R-MS) published a plan (“Restoring Freedom’s Forge: American Innovation Unleashed”) and introduced a bill (the Fostering Reform and Government Efficiency in Defense Act or FoRGED...more
4/25/2025
/ Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
New Legislation ,
Popular ,
Proposed Legislation ,
Regulatory Reform ,
Supply Chain
The Federal Acquisition Regulation, initially issued on April 1, 1984, appears poised to be rewritten. Several online sources reference a GSA announcement posted on Friday, April 4, that supposedly heralded a bottom-up...more
In recent years, presidents have attempted to impose minimum wage requirements on federal contractors without the need to go through Congress. These requirements have been in addition to the wage floors set by individual...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
On January 15, 2025, the Federal Acquisition Regulation (FAR) Council published a proposed rule overhauling the FAR’s Organizational Conflict of Interest (OCI) provisions. The proposed rule follows a December 2022 law that...more
1/23/2025
/ Bias ,
Conflicts of Interest ,
Contract Terms ,
Disclosure Requirements ,
Donald Trump ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies ,
Mitigation ,
Offerors ,
Proposed Rules ,
Regulatory Freeze ,
Regulatory Requirements ,
Risk Management ,
Subcontractors
On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council withdrew a proposed rule that would have banned federal contractors and subcontractors from seeking or...more
1/10/2025
/ Compensation & Benefits ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
OFPP ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Rules ,
Reporting Requirements ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more
1/9/2025
/ Armed Services Board of Contract Appeals ,
Bid Protests ,
Court of Federal Claims ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Contractors ,
GAO ,
Intellectual Property Protection ,
Joe Biden ,
National Security ,
NDAA ,
Secretary of Defense ,
Small Business ,
Supply Chain ,
Trade Secrets
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more
1/8/2025
/ Bid Protests ,
Competition ,
Compliance ,
Contract Terms ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Government Agencies ,
HUBZone ,
Procurement Guidelines ,
Protests ,
Recertification ,
Regulatory Requirements ,
Rulemaking Process ,
SBA ,
Set-Asides ,
Small Business
The Federal Acquisition Regulation (FAR) Council has issued a final rule, effective January 17, 2025, to improve the consistency between the procurement and nonprocurement procedures for suspension and debarment. The changes,...more
Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more
In a lengthy and complex effort, the U.S. Small Business Administration (SBA) issued a final rule on December 17, 2024, that amended many requirements related to small business contracting. As with most rules, there are some...more
12/19/2024
/ BPA ,
Buyers ,
Federal Contractors ,
General Services Administration (GSA) ,
Investment ,
Minority Shareholders ,
Recertification ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Shareholders ,
Small Business ,
Women-Owned Businesses
Nearly a year ago, the National Defense Authorization Act for Fiscal Year 2024 directed the Department of Defense (DOD) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) no later than July 1, 2024, “to...more
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. ...more