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 OverridesFederal Acquisition Regulations (FAR)
President Trump Issues Executive Order Directing Agencies to Default to Fixed-Price Contracting
By Richard Arnholt on
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 CourtFAR Agenda Narrows, with CUI and OCI Rules Moving Forward
By Richard Arnholt on
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
By Richard Arnholt on
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 ProcessRobust Federal Contracts Market in Huntsville
By Todd Overman on
I was quoted by the Huntsville Business Journal (HBJ) in a recent article about the metro area’s economy, which relies heavily on government contract work, and why it may be positioned for even more federal growth. Currently, the Huntsville area market relies on what I called its “three major pillars” of federal contract work stemming from NASA, Redstone Arsenal and the FBI.
Continue Reading Robust Federal Contracts Market in HuntsvilleOFPP 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 RulesFAR Final Rule Clarifies SAM Registration
By Richard Arnholt on
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 RegistrationSmall 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?Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing
By Richard Arnholt on
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 Timing