Peak summer travel season has jet fuel moving by the millions of gallons, so there is a certain irony in a fuel-supply dispute that turned on an email no one at the agency ever opened. A contractor sent its proposal
McCarter & English, LLP
McCarter & English, LLP is a law firm with multiple offices across the United States. The firm publishes insights and analysis primarily focused on various legal practice areas including corporate law, litigation, intellectual property, labor and employment, government contracts, and regulatory compliance. Their content often addresses developments in federal acquisition regulations, defense procurement, cost accounting standards, and government shutdown impacts on contractors. The firm provides detailed commentary on legal and regulatory changes affecting industries such as energy, healthcare, technology, and finance. Their publications serve clients and professionals seeking updates on legal strategies, compliance issues, and industry-specific legal challenges.
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Here Comes the Boom: SBA Proposes New 8(a) “Social Disadvantage” Test
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…
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…
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…
China Supply Chain Compliance Is Becoming Whack-a-Mole
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…
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…
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…
Recipients of Federal Financial Assistance Can Look to the New DEI Clause to Prepare for Potential Increased Scrutiny of Their Own Awards
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…
Section 847 and the New Era of DOD Continuous FOCI Monitoring
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…
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…