On July 29, 2025, US Attorney General Bondi issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memo). The Memo follows multiple executive orders that reversed course on prior administrations with
The Federal Government Contracts & Procurement Blog
The Federal Government Contracts & Procurement Blog, published by Fox Rothschild LLP, focuses on legal issues related to federal government contracting and procurement processes. It covers topics such as bid protests, contract disputes, government shutdown impacts on contracts, federal acquisition regulations, and dispute resolution mechanisms including alternative dispute resolution and appeals at boards of contract appeals. The blog also analyzes major federal procurement initiatives, contract award procedures, and legal developments affecting contractors and subcontractors engaged with federal agencies. It provides updates on government accountability reports, contract termination challenges, and strategic considerations for navigating complex federal procurement landscapes.
Latest from The Federal Government Contracts & Procurement Blog - Page 4
Lessons Learned – Did I Waive My Claim Against the Government?
Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing (just to name a few) all require…
FAR 2.0 Update: Parts 6, 29, and 31 Released
By Keeley McCarty & Jaeho Lee
The Trump Administration, in collaboration with the Federal Acquisition Regulation (FAR) Council, has released further FAR sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 6, 29, and 31.
Revolutionary FAR Overhaul Background
As a reminder, the RFO…
CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling
The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest.
If a disappointed bidder files a protest with the Government Accountability Office (GAO) within certain set…
Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists
Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements of the Federal Acquisition Regulation (FAR), and the ability of…
CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs.
A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery for government-directed suspensions under the FAR 52.242-14…
Update: Latest FAR 2.0 Revision Released
On May 22, 2025, the Trump Administration unveiled the next installment of the revised Federal Acquisition Regulation (FAR) as part of the “Revolutionary FAR Overhaul” (RFO). The latest release set its sights on FAR Part 10 – Market Research.
FAR…
Beyond Dollars: COFC View on Declaratory Relief Makes Room for CPARS Litigation
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive way for contractors to recover damages for changes,…
Supreme Court Broadly Interprets Wire Fraud Liability
On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding…
Bid Protest Insights – Understanding Price Realism in Compensation Plans
Price realism challenges stand out as a common basis for bid protests in federal procurements.
A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price realism protests often challenge an agency’s failure to…