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
The Federal Government Contracts & Procurement Blog
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Protecting Protest Rights When a Procurement Scandal Is Unfolding
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…
Has GSA Adopted DOD’s CMMC Requirements?
If your organization handles Controlled Unclassified Information (CUI) for the federal government, take note: the U.S. General Services Administration (GSA) has just raised the bar on compliance. On January 5, 2026, GSA published new requirements for contractors and other nonfederal entities that work with CUI, and unlike the Department of Defense’s (DOD) phased rollout of…
What GSA’s New Draft AI Procurement Clause Could Mean for Your GSA Schedule Contract
On March 6, 2026, the General Services Administration (“GSA”) published a draft contract clause, GSAR 552.239-7001, “Basic Safeguarding of Artificial Intelligence Systems,” that would establish binding requirements for contractors using artificial intelligence (“AI”) under GSA Multiple Award Schedule (“MAS”) contracts.
The clause is part of a broader federal push to govern AI procurement.[1]…
Acknowledging Amendments: When Is an Amendment Material to an Invitation for Bids?
When does a bidder’s failure to acknowledge an amendment to an Invitation for Bids (IFB) render the bidder nonresponsive? Generally, the FAR requires bidders to acknowledge receipt of material amendments to an IFB, but permits agencies to either allow a bidder to cure its failure to acknowledge an amendment or waive the requirement entirely where…
The Civilian Board of Contract Appeals Issues New Rules of Procedure for Its Adjudicatory Role in the Administrative False Claims Act
On January 28, 2026, the United States Civilian Board of Contract Appeals (CBCA) issued final rulemaking to address its role in hearing and resolving disputes under the Administrative False Claims Act (AFCA), formerly known as the Program Fraud Civil Remedies Act of 1986 (PFCRA). See 91 Fed. Reg. 3797. The AFCA provides an alternative…
A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Raises Issues Caused by a Party’s Failure To File a Redacted Pleading
A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be admitted under a protective order at the U.S. Government Accountability Office (GAO) or the U.S. Court of Federal Claims (COFC)—which…
What to Know About the Department of Defense’s Review of 8(a) and Small Business Awards
The Department of Defense (DoD) issued a memorandum on January 16, 2026 to announce a two‑stage review of small business set‑aside and 8(a) contract awards over $20 million for possible terminations for convenience. This review is occurring quickly, and contractors should be prepared to understand what DoD is investigating and respond quickly to agency requests.…
FAR Part 13: Can I Wait to Protest When the Agency Tells Me a Debriefing Will Be Provided?
The Government Accountability Office’s (GAO) timeliness rules are generally straightforward. But as a recent GAO decision shows, agency statements to disappointed offerors can sometimes blur application of the rules—often to the detriment of a would-be protester.
As most government contractors are aware, a protester has 10 days from the time the basis of protest was…