Contractors have begun receiving modifications to existing contracts implementing the new DEI clause mandated by Executive Order 14398 “Addressing DEI Discrimination by Federal Contractors.”  Shortly after the executive order, the FAR Council issued a Memorandum[1] establishing a new implementing clause, FAR 52.222-90.  The Memorandum also established mandatory deadlines for agencies to begin including FAR 52.222-90 in federal procurements: April 24, 2026: Agencies were required to begin inserting FAR 52.222-90 in new solicitations and resulting contracts.  They were also required to amend any…More

A recent decision by the Court of Appeals for the Federal Circuit provides clear guidance for contract awardees: violations of redaction requirements by protesters or other parties will not save a non-intervening awardee from its failure to protect its contract award. An awardee that chooses not to intervene in a bid protest needs to carefully monitor the docket and take prompt action to obtain information and seek relief when necessary to protect its contract award and other rights. In early February,…More

In J&J Maintenance, Inc., B-423821.2; B-423821.3 (April 20, 2026), the Government Accountability Office (“GAO”) issued a decision that provides a helpful reminder for government contractors pursuing bid protests. In particular, the decision reinforces the principle that mere identification of a waived or relaxed material solicitation requirement is insufficient for GAO to sustain a protest. The decision warns that, to prevail in such a challenge, a protester must also demonstrate that it was competitively prejudiced by the agency’s actions. Background The U.S. Army…More

The federal government’s most sweeping cyber incident reporting mandate is approaching its final stages, and government contractors across a wide range of industries should be paying close attention. The Cyber Incident Reporting for Critical Infrastructure Act of 2022, known as CIRCIA, will require hundreds of thousands of organizations to report significant cyber incidents and ransomware payments to the Cybersecurity and Infrastructure Security Agency (CISA) on tight timelines. The new requirements are likely to disproportionately impact government contractors because of the…More

President Trump’s administration has brought, and continues to bring, sweeping changes to the government contracting landscape. From the Revolutionary FAR Overhaul to promoting commercial purchasing and use of non-traditional contracting vehicles such as Other Transaction Agreements and Commercial Solutions Openings, contractors have been required to rapidly make changes and adjust to a significantly changing environment. This week brought additional change—though it is not “revolutionary.” In an April 30, 2026 executive order (EO) titled “Promoting Efficiency, Accountability, and Performance in Federal Contracting,”…More

In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override of a Competition in Contracting Act (“CICA”) stay must only show the override was arbitrary and capricious. The court rejected the government’s argument that the plaintiff must also satisfy the traditional four-factor test for preliminary injunctions—likelihood of success on the merits, irreparable harm, balance of equities, and benefit to the public. The…More

On April 13th, 2026, President Trump signed the Small Business Innovation and Economic Security Act, which amends the Small Business Act (15 U.S.C. ch. 14A). The Act reauthorizes the Small Business Innovation Research (“SBIR”) and Small Business Technology Transfer (“STTR”) programs through September 30, 2031, while also creating new funding opportunities and enhancing applicant screening for national security risks. The authorizations for the SBIR and STTR programs lapsed over six months ago (on September 30, 2025) resulting in a pause in…More

On April 10, 2026, the Department of Justice (“DOJ”) announced a $17 million civil False Claims Act (“FCA”) settlement with IBM Corporation.  This is the first FCA settlement reached under the Civil Rights Fraud Initiative, which was created in May of 2025 and tasked with using the FCA as a tool to prosecute federal contractors that engage in diversity, equity, and inclusion (“DEI”) programs that violate federal anti-discrimination laws. The IBM settlement offers insight into what federal contractors can expect from…More

This is the fourth blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US government. You can check out our previous posts here: part 1, part 2, and part 3. Generally, to prove a false claim under the FCA, the government must establish three elements: Falsity; Knowledge; and Materiality This post examines the materiality element, poised to grow in legal…More

New revelations are emerging almost daily regarding procurement irregularities during the last 14 months at the highest levels of the Department of Homeland Security (DHS). Among other things, former Secretary Noem was featured in a $220 million advertising campaign that reportedly involved a large government contract with a Delaware company created only days before the agreement—a company with no government contracts experience but that had extensive ties to Ms. Noem’s former advisor and her chief spokesperson. Corey Lewandowski, the Special…More