On December 12, 2025, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2025. The GAO’s report, which is mandated by the Competition in Contracting Act, lists its...more
A recently issued Amendment to the proposed FY2026 NDAA would call for the U.S. Secretary of Defense to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require the withholding of payment to incumbent...more
The COFC ruling upholding the U.S. Marine Corps’ disqualification decision has significant implications for government contractors. The recent decision by the U.S. Court of Federal Claims (COFC) in Marathon Targets serves as...more
The Federal Acquisition Regulatory Council issued a final rule adjusting numerous acquisition-related thresholds for inflation as required under 41 U.S.C. § 1908....more
8/29/2025
/ Acquisitions ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Final Rules ,
General Services Administration (GSA) ,
Government Agencies ,
NASA ,
New Guidance ,
New Regulations ,
Procurement Guidelines ,
Regulatory Requirements ,
Small Business ,
Subcontractors ,
Threshold Requirements
The final rule, which takes effect January 16, 2025, could significantly affect small and large businesses considering any merger and acquisition (M&A) activity—and timing will be critical.
In a major change, contractors...more
The number of protests filed at the Government Accountability Office (GAO) decreased in FY 2024 by 11 percent, after increasing 22 percent in FY 2023.
The GAO’s sustain rate of 16 percent in FY 2024 fell from 31 percent...more
With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge.
The Court issued a...more
If the proposed rule is adopted, contractors will no longer qualify for set aside orders and agreements under multiple award IDIQ contracts after a disqualifying recertification.
The proposed rule makes many changes to SBA...more
The U.S. District Court for the Northern District of Texas granted a preliminary injunction against sections of the U.S. Department of Labor’s recently issued Davis-Bacon Act regulation amendments. The Court enjoined the...more
The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest...more
The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more
In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions.
On November 14, 2022, the...more
If implemented, the proposed rule will have wide-reaching implications for how federal contractors and subcontractors conduct hiring.
The proposed rule prohibits contractors and subcontractors from seeking applicants’...more
To avoid displacement of current service employees, the final rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under successor contracts.
President...more
Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively.
The number of filed Government...more
The changes come in response to a court injunction declaring rebuttable presumption for social disadvantage unconstitutional.
All pending SBA 8(a) program applications are currently suspended due to an injunction issued by...more
8/31/2023
/ 8(a) Program ,
Affirmative Action ,
Fifth Amendment ,
Injunctions ,
Interim Guidance ,
Minority-Owned Businesses ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Government Accountability Office (GAO) has created a potential trap regarding the beginning of the 10-day protest timeliness period when an offeror receives information from the contracting office outside of the...more
The Department of Defense (DoD) recently issued a new Small Business Strategy to reverse the significant decline in the number of small businesses participating in government contracts by launching new initiatives that will...more
The Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors.
Most federal contractors,...more
The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions.
Most federal contractors,...more
The Small Business Administration (SBA) is consolidating and making significant changes to the Veteran-Owned Small Business and the Service-Disabled Veteran-Owned Small Business programs, including the elimination of...more
The Small Business Administration’s interim final rule will allow many businesses to regain small business status or remain a small business for longer.
The SBA adjusted all its receipts-based size standards for inflation,...more
The effectiveness rate increased to 51 percent.
The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more
The Small Business Administration (SBA) has proposed consolidating and making significant changes to the Veteran-Owned Small Business (VOSB) and the Service-Disabled Veteran-Owned Small Business (SDVOSB) programs, including...more
To avoid displacement of current service employees, the proposed rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under the successor contract....more