On April 15, the Federal Circuit issued a decision clarifying the burden a protestor must meet when challenging an agency’s override of the Competition in Contracting Act’s (CICA) automatic stay of performance. In Life Science Logistics, LLC v. United States, the court held that when challenging an override of CICA’s automatic stay of performance after a protest is filed at the GAO, a protestor need not demonstrate entitlement to an injunction under the standard four-factor equitable relief test. Instead, the protestor only needs to show that the agency’s override decision was arbitrary and capricious.
Continue Reading Clarified Standard for Challenging CICA Stay Overrides
President Trump Issues Executive Order Directing Agencies to Default to Fixed-Price Contracting
On April 30, President Trump issued an Executive Order (Order) directing federal agencies to make fixed-price contracting the default and preferred procurement method across the federal government. The Order reflects the administration’s view that fixed-price contracts better promote cost predictability, contractor accountability, and performance-based outcomes than cost-reimbursement and other non-fixed-price contract types.
Continue Reading President Trump Issues Executive Order Directing Agencies to Default to Fixed-Price ContractingFAR Council Moves Quickly on DEI Executive Order, Which Has Already Been Challenged in District Court
On April 17, the Federal Acquisition Regulatory (FAR) Council issued guidance implementing Executive Order (EO or Order) 14398, Addressing DEI Discrimination by Federal Contractors, less than 30 days after the Order was signed and well ahead of the 60-day deadline the Order gave the Council to act. Because the Order required agencies to begin implementation within 30 days, the FAR Council likely took quick action to ensure a uniform government-wide approach to implementation of this requirement.
Continue Reading FAR Council Moves Quickly on DEI Executive Order, Which Has Already Been Challenged in District CourtSBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All Small Business Awards Over $20 Million
The U.S. Small Business Administration (SBA) has suspended 1,091 participants in the 8(a) Business Development Program after concluding that those firms did not timely submit required documentation in response to SBA’s recent program-wide data request. The suspensions are part of a broader effort by SBA to audit the 8(a) program and root out fraud, waste, and abuse.
Continue Reading SBA Suspends Over 1,000 8(a) Participants After Program-Wide Audit Data Request While DoW Announces Line-By-Line Review of All Small Business Awards Over $20 MillionFAR Part 19 Rewrite: Key Developments for Small Business Contracting
The Federal Acquisition Regulatory (FAR) Council recently released its long-awaited overhaul of FAR Part 19, the section governing small business programs. While the rewrite is part of the Trump administration’s broader initiative to reduce the FAR to statutory and “essential” provisions, the changes to Part 19 carry significant implications for both small and large contractors.
Continue Reading FAR Part 19 Rewrite: Key Developments for Small Business ContractingFAR Agenda Narrows, with CUI and OCI Rules Moving Forward
The Federal Acquisition Regulatory Council (FAR Council) released its Spring 2025 regulatory agenda as part of the government-wide Unified Agenda of Regulatory and Deregulatory Actions, unveiling a slimmed-down list of procurement rules.
Continue Reading FAR Agenda Narrows, with CUI and OCI Rules Moving ForwardFAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition Process
I recently authored an article for Washington Technology discussing the recent final rule published by the Federal Acquisition Regulatory (FAR) Council clarifying that an offeror must be registered in the federal System for Award Management (SAM) when submitting an offer and when the contract is awarded, and how the rule change affects businesses trying to acquire federal contracts.
Continue Reading FAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition ProcessSBA Proposes Bigger Size Standards: What It Means for Small Businesses
On August 22, the U.S. Small Business Administration (SBA) proposed an important change that could affect thousands of companies competing for federal contracts. In the proposed rule, the SBA suggested raising certain size standards used to determine when a company is considered “small.” If finalized in its current form, the proposal will increase thresholds across 263 industries, from telecommunications and natural gas pipelines to commercial banking, and could add more than 11,000 firms to the small business category.
Continue Reading SBA Proposes Bigger Size Standards: What It Means for Small BusinessesDoD Finalizes CMMC Rule: What Defense Contractors Need to Know
The Department of Defense (DoD) has issued its long-awaited final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program into the Defense Federal Acquisition Regulation Supplement (DFARS). The rule establishes a three-year phased rollout that will ultimately apply to nearly every contractor and subcontractor handling federal contract information (FCI) and controlled unclassified information (CUI) (the new requirements do not apply to awards that do not involve the handling or transmission of FCI or CUI).
Continue Reading DoD Finalizes CMMC Rule: What Defense Contractors Need to KnowOFPP Green Lights Immediate Use of Revised Procurement Rules
On August 15, the White House Office of Management and Budget’s (OMB) Office of Federal Procurement Policy (OFPP) announced agencies may “immediately begin eliminating one-third of requirements from their future contracts that are not required by statute or executive orders and have little to do with contract outcomes.”
Continue Reading OFPP Green Lights Immediate Use of Revised Procurement Rules