On June 11, 2026, the Small Business Administration (SBA) issued a much-anticipated proposed rule aimed at overhauling the 8(a) Business Development Program. More specifically, the proposed rule, entitled “Reforms To Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage” and codified at 91 Fed. Reg. 35433, would significantly alter how “social disadvantage” is established for
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A Field Guide To NDC Status: Identifying The Defense Industry’s Newest (And Oldest) Protected Species
In December 2025, Section 1826 of the FY 2026 NDAA created one of the most valuable classifications in defense contracting and most companies that qualify don’t know it yet. Qualify as a “nontraditional defense contractor” and you’re exempt from certified cost or pricing data, FAR Part 31, and the entire DFARS business-systems architecture. The kicker?…
Chambers USA Ranks McCarter’s Government Contracts Practice Band 1 Nationwide for 2026; Partners Turner and Major Also Ranked
McCarter & English’s Government Contracts practice has once again ranked Band 1 nationally by Chambers USA for 2026. Partner Alex Major is ranked Band 1 Nationwide: Government Contracts-Cybersecurity, and both Major and partner Franklin Turner are ranked nationwide for Government Contacts.…
China Supply Chain Compliance Is Becoming Whack-a-Mole
By Alex Major
Why a clean name-match screen is no longer enough, and why the diligence meant to find hidden China exposure can create risk on the other side of the Pacific.
Picture the boardwalk version of supply-chain compliance. It’s August. Fingers are that odd combination of french fry-greasy and ice cream-sticky The arcade is humming. Someone hands…
AI Heats Up: New Executive Order on Promoting Advanced Artificial Intelligence Innovation and Security
What Federal Contractors Should Be Watching This Summer
Summer 2026 has arrived with a new wave of artificial intelligence (AI) policy from the White House. On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security” (the Order). The Order directs federal agencies—on aggressive 30‑ and 60‑day timelines,…
OHA Remands 8(a) Suspension Built on Hidden-Camera Video
In a sharply worded order issued May 18, 2026, the Office of Hearings and Appeals (OHA) of the US Small Business Administration (SBA) remanded the agency’s suspension of ATI Government Solutions, LLC, from the 8(a) Business Development (BD) Program, finding the administrative record so deficient that it could not meaningfully review whether the suspension rested…
Recipients of Federal Financial Assistance Can Look to the New DEI Clause to Prepare for Potential Increased Scrutiny of Their Own Awards
By Andrew
Given the slew of Executive Orders (EOs) last year focusing on diversity, equity, and inclusion (DEI) and roiling the funding and operations of recipients of federal financial assistance such as universities and nonprofits, recipients may be forgiven for passing over EO 14398, dated March 26, 2026. As we’ve been covering (here and here),…
Section 847 and the New Era of DOD Continuous FOCI Monitoring
By Alex Major
The Department of Defense’s proposed rule implementing Section 847 of the FY 2020 NDAA could fundamentally reshape how foreign ownership, control, or influence (FOCI) is monitored across the defense industrial base. Through proposed DFARS Part 240, the rule would extend recurring FOCI disclosure, National Industrial Security System (NISS) reporting, and Defense Counterintelligence and Security Agency…
Half an Inch from a Quarter-Billion: COFC Tells Contractors to Read the Spec, Not the Industry
Half an inch determined the outcome of a $260 million Department of Veterans Affairs (VA) procurement in Joerns Healthcare, LLC v. United States, a bid protest in which the US Court of Federal Claims (COFC) enforced strict compliance with solicitation specifications. The court rejected the contractor’s reliance on industry standards, holding that unambiguous solicitation…
Cost-Plus Out. Fixed-Price In.
A 2026 federal executive order reshapes federal procurement policy by directing agencies to use fixed-price contracts as the default under FAR Part 16, while requiring written justification and higher-level approval for cost-reimbursement, time-and-material, and labor-hour contracts. The order also establishes agency approval thresholds, carve-outs for R&D and contingency work, and a phased implementation schedule through…