On August 7, the Federal Acquisition Regulatory (FAR) Council issued a final rule, published in the Federal Register, 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.
Continue Reading FAR Final Rule Clarifies SAM Registration
Small Business Alert – Possible End for the Rule of Two?
The federal government’s commitment to supporting small businesses through procurement remains strong, but the shape and scale of that support may soon look very different. In accordance with recent executive orders, sweeping changes to acquisition policies are already underway and the future of key non-statutory provisions favoring small businesses is uncertain. While there has been no clear indication that the Federal Acquisition Regulation (FAR) Council intends to eliminate one of the most important of those provisions, known as “the Rule of Two,” its non‑statutory status means such a move is within the realm of possibility and is likely the reason that, as noted below, legislation codifying the Rule of Two was introduced earlier this year. This uncertainty underscores how dynamic the government contracting landscape has become and raises important questions about how reforms could impact small businesses that rely on federal contracts.
Continue Reading Small Business Alert – Possible End for the Rule of Two?GAO Proposes Higher Pleading Standard for Bid Protests, Questions Remain for Loser-Pays Model
As we noted in this blog post in February, the 2025 National Defense Authorization Act (NDAA) was enacted in December 2024 included a provision at Section 885 raising the protest threshold for Department of Defense (DoD), Coast Guard, and NASA task orders from $25 million to $35 million.
Continue Reading GAO Proposes Higher Pleading Standard for Bid Protests, Questions Remain for Loser-Pays ModelChanges Related to Small Business Federal Contracting Goals
I recently authored an article for Federal News Network offering insight on adjustments made by the Trump administration related to small business federal contracting goals moving forward.
Continue Reading Changes Related to Small Business Federal Contracting GoalsCompliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor
On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC (GD Resources). This decision demonstrates the application of the 2023 “safe-harbor” addition to the ostensible subcontractor rule as previously discussed in an earlier blog post.
Continue Reading Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe HarborPreparing for the Unexpected: Legal and Strategic Considerations in Federal Contract and Grant Terminations
Federal contractors and grant recipients are no strangers to changing requirements and evolving priorities. But in recent months, we’ve seen a noticeable increase in stop work orders, early terminations, and administrative actions that directly impact performance, cash flow, and compliance obligations.
These situations are rarely straightforward. Agencies may issue stop work orders based on shifting funding or political directives. Terminations may stem from compliance findings or performance concerns, even when the root causes are unclear or disputed. Contractors and recipients must be ready to respond quickly with a sound understanding of the legal framework and a plan for recovery.
To help navigate this complex landscape, we hosted a webinar with Donna Dominguez of Aprio.
Continue Reading Preparing for the Unexpected: Legal and Strategic Considerations in Federal Contract and Grant TerminationsBid Protest Minute: Insufficient Funds are Grounds to Cancel
On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the protest, GAO determined that delays, even those occurring after the evaluation, do not invalidate a cancellation if a rational basis exists, such as changed requirements or insufficient funds.
Continue Reading Bid Protest Minute: Insufficient Funds are Grounds to CancelDOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.
Continue Reading DOJ’s New Civil Rights Fraud Initiative – Expect Increased EnforcementBid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing
On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should understand when deciding to file a protest:
Continue Reading Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest TimingImplementation of Trump DEI Orders Slower than Expected: What Contractors Should Know
One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive orders (EOs) overhauling how the federal government views programs seeking to advance DEI priorities.
Continue Reading Implementation of Trump DEI Orders Slower than Expected: What Contractors Should Know