Statute
FAR
209 published works
McCarter & English, LLP
DFARS Workshop
This one-day concentrated course on the Defense Federal Acquisition Regulation Supplement (DFARS) enables attendees to better understand the structure and content of the DFARS and how it relates to the…
SmallGovCon
SAM Registration: Defining “Immediate Owner” and “Highest-Level Owner”
SAM.gov is something every federal government contractor has to deal with for actions like searching solicitations and registering to be a federal contractor. As every federal contractor wanting to do…
The Federal Government Contracts & Procurement Blog
It’s Official: RFO Enters Formal Rulemaking
By Keeley McCarty, Nick Feldstern, Jaeho Lee, Jacob Green
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,…
SmallGovCon
Back to the Drawing Board: SBA OHA Overturns Suspension of 8(a) Contractor
By Shane McCall
In October 2025, the SBA suspended an 8(a) Program contractor called ATI Government Solutions, LLC (ATI) after suspension under the FAR. ATI appealed the 8(a) suspension, and the decision shows…
SmallGovCon
GAO Recommends Practicing Mindfulness When Solicitation Terms Cover Multiple Evaluation Factors
Even if we don’t want to admit it, we all simply click “accept” on all those different terms and conditions for software, despite not actually reading the actual terms. GAO…
Government Contracts Featured Insights
Agency Discretion in Seeking Clarifications in Negotiated Procurements
Contractors participating in negotiated procurements have a responsibility to submit a well-written, complete proposal with sufficiently detailed information that clearly meets solicitation requirements and permits meaningful review by the agency.…
SmallGovCon
Back to Basics: Novation Agreements (and Name Changes)
By Shane McCall
Our latest installment of our Back to Basics series explores novation agreements and their related cousin name change agreements. A novation agreement is needed when a contractor is transferring (or…
Government Contracts Law
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…
BuildSmart
Fixed-Price Contracting as Default: A Shift in Federal Procurement Policy
By Aron C. Beezley, Patrick R. Quigley
A recent executive order marks a significant policy shift in federal procurement by directing agencies to default to fixed-price, performance-based contracting. Framed as an effort to promote fiscal discipline, transparency,…
Inside Government Contracts
Indirect Doesn’t Mean Exempt: ASBCA Rejects Cross‑Motions Over U.S.-Flag Transportation Costs
By Elizabeth Witwer, Peter Terenzio, Homer La Rue
The Armed Services Board of Contract Appeals’ (ASBCA) decision in Lockheed Martin Aeronautics Co., ASBCA No. 63621, reinforces a critical principle for government contractors: contract performance requirements operate independently of…