In Rick Aviation, Inc. v. United States, the Court of Federal Claims (COFC) tackled a novel application of the Federal Acquisition Regulation (FAR) “late is late” rule. The question the court squared up against is what happens when an otherwise timely bid or proposal is caught in a government firewall or email filter and does
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It’s Official: RFO Enters Formal Rulemaking
The Revolutionary FAR Overhaul (RFO) finally has moved into formal rulemaking, and it comes with a few surprises. The FAR Council completed the first phase of the RFO in September 2025, publishing model deviations to the FAR that agencies then had to adopt by issuing their own deviations and guidance. We digested the changes, organized…
Warp Speed Ahead: Agencies Move Quickly to Implement Anti-DEI Clause
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…
Federal Circuit’s Decision Provides Clear Warning for Non-Intervening Awardees to Protect Their Rights
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…
No Harm, No Foul: GAO Reminds Protesters that Competitive Prejudice Must Be Shown When the Agency Waives a Material Solicitation Requirement
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.…
History Doesn’t Repeat Itself, But It Often Rhymes—The Administration Again Tries To Reshape Federal Contracting by Mandating Prioritization of Fixed-Price Contracts
By Luke Levasseur & Jane Han
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.…
Challenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable Harm
By Evan Williams & Jane Han
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…
SBIR/STTR Program Reauthorized Through 2031: What Small Business Contractors Need to Know
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…
First DEI Settlement Under the Civil Rights Fraud Initiative Targets Conduct Pre-Dating the Current Administration
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…
FCA 101: Materiality
By Keeley McCarty & Jane Han