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 the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown.  The deal is the first step toward reopening the federal government and will now face a vote from the House of Representatives. The federal government has been shut down since October 1 after annual appropriations lapsed.  Pursuant to the Antideficiency Act, federal agencies have been prohibited from incurring obligations or expending funds without an enacted appropriation unless otherwise authorized by law. Since October…More

Contractors working with the federal government understand that contract modifications are a fact of life.  Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing (just to name a few) all require formal contract modifications. With those modifications often comes something else expected — but still dangerous: a waiver or release of claims. A contractor that mechanically signs a modification including a waiver or release without considering the full extent of the language risks…More

The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government Accountability Office (GAO) within certain set timelines, then the government is automatically required to maintain the status quo while the protest is litigated. The stay eliminates the risk that performance on the contract continues to a point where – even if the protest is successful – there…More

Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests.  Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition in Contract Act (CICA) stay. Today, we address the question of whether government agencies can override GAO’s deadlines by providing contractors with an alternate protest timeline.  The short answer – no.  Contractors cannot rely on agency guidance when it comes to calculating protest deadlines.  Follow anything other…More

Federal construction contracts often involve unforeseen delays.  The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery for government-directed suspensions under the FAR 52.242-14 (Suspension of Work). Understanding your contractual rights under the FAR and documenting impacts early can mean the difference between absorbing costs and recovering them. Suspension of Work Clause Basics FAR 52.242-14 entitles federal contractors to contract adjustments if the Contracting Officer suspends “all or…More

Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages.  Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive way for contractors to recover damages for changes, delays, and other government-caused impacts under the Contract Disputes Act (CDA). But contractors can suffer other kinds of harm at the government’s hands – including reputational damages via the Contractor Performance Assessment Reporting System (CPARS).  To avoid or mitigate that harm, Contractors…More

Price realism challenges stand out as a common basis for bid protests in federal procurements. A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price realism protests often challenge an agency’s failure to adequately assess whether proposed prices are too low to support successful execution of the work. A recent bid protest narrowly focused on the evaluation of one aspect of proposal pricing – compensation plans for professional employees.  In sustaining the protest, GAO held that…More

Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI). The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and integrity of the procurement process.  The provisions are intended to ensure a level playing field by preventing unfair competitive advantages, biased decision-making, or impaired objectivity. Failing to identify and neutralize or mitigate OCI can lead to disqualification from contract awards or even contract termination.  Understanding these rules helps contractors maintain compliance,…More

In what is sure to be an on-going series, we have the latest update regarding the FAR 2.0 rollout. You can see my opening thoughts on the FAR 2.0 initiative and how it will affect federal contractors here. Releasing the First Rollout On May 2, 2025, the FAR Council released substantive rewrites of FAR Parts 1 (Federal Acquisition Regulations System), 34 (Major System Acquisition), and 52 (Solicitation Provisions and Contract Clauses). The updates align with Executive Order 14275 Restoring Common Sense to Federal Procurement’s…More