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
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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
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
FAR 52.222-90 Goes Global: Cross-Border Supply Chains and the Limits of a US Flowdown
If your supply chain crosses a border, your FAR 52.222-90 flowdown is probably already wrong. Either it overpromises in ways an EU, UK, or South African supplier cannot sign without violating local law, or it underpromises and creates False Claims
Everything Everywhere All at Once: The Contractor DEI Clause Hits HR, Supply Chains, Invoices, and Subcontracts
Federal contractors looking for the “DEI issue” in FAR 52.222-90 may be looking in the wrong place. Yes, the clause is about what Executive Order 14398 calls “racially discriminatory DEI activities.” But that’s only the starting point. The new clause
DOJ Stands Up a New Fraud-Fighting Division: What Government Contractors Need to Know About the National Fraud Enforcement Division
On April 7, 2026, Acting Attorney General Todd Blanche issued a memorandum establishing the National Fraud Enforcement Division (“NFED”) within the U.S. Department of Justice (“DOJ”). Announced in a corresponding DOJ press release, the NFED is the Department’s first
Semiconductors: Another Link to Ever-Extending Curation of the Federal Supply Chain
Given recent world events and their attendant economic shocks, 2026 looks to be another year of supply chain gyration. Government contractors, besides having to cope with such shocks, must add semiconductors to the list of supply chain concerns. Semiconductors, as
Don’t Put Your Background IP into It: Protecting What’s Yours
Clear and precise recognition and treatment of intellectual property (IP) are critical in government contracting because the ownership and use of preexisting IP, so-called “Background IP,” turn on the timing of, and funding sources for, the development of the IP.