DOT Ends Race- and Sex-Based Presumptions of Disadvantage in DBE and ACDBE Programs
On September 30, 2025, the Department of Transportation (DOT) announced a major change to the eligibility criteria for its Disadvantaged Business Enterprise (DBE) and Airport Concessions DBE (ACDBE) Programs. Through an interim final rule (IFR) taking effect on October 3, 2025, DOT is removing the use of the race- and sex-based presumptions of social and economic disadvantage for establishing DBE and ACDBE eligibility. The IFR will have an immediate impact on all current DBE/ACDBE firms and future applicants as all firms will be required . . . Read More
Shutdown Showdown: Impact on Federal Contract Disputes
What happens to your contract administration disputes—such as termination settlement proposals (TSPs), requests for equitable adjustment (REAs), claims, and appeals—pending before Contracting Officers (COs), the Boards of Contact Appeal (BCAs), and the Court of Federal Claims (COFC) when the federal government shuts down? This question is especially relevant to the present shutdown, given the amount of terminations federal contractors are dealing with due to the change in administration and shifting government priorities in 2025. This blog provides a quick rundown of how the . . . Read More
The Shutdown Lowdown for Bid Protests
NOTE: On October 6, 2025, we revised the ODRA section of the original client alert based on new guidance from ODRA. Please see below. As federal contractors begin to grapple with the first government shutdown in several years, many are wondering how the shutdown will impact bid protests. This client alert provides the lowdown for how the shutdown will impact new and existing bid protests. Government Accountability Office (GAO) GAO is closed due to the lapse in appropriations. Based on . . . Read More
Contracting Misstep Could be Costly: Court Clarifies Incorporation by Reference
A recent court decision delivers a stark warning to government contractors: failing to clearly include all the terms and conditions from your offer into the final contract could end up costing you. As this issue becomes increasingly common in federal contracting, the decision serves as a wake-up call for anyone drafting or negotiating government contracts. Background In Beacon Point Assocs., LLC v. Dep’t of Veterans Affairs, the Court of Appeals for the Federal Circuit examined whether the contractor’s quote—including its . . . Read More
5 Actions Employers Should Address with Employees as the Government Shutdown Looms
At midnight September 30, the federal government will run out of funds and contractors will start receiving stop-work orders for all work deemed non-essential. At the time of publication, compromise in Congress looks unlikely, and a protracted shutdown likely. In order to minimize costly personnel missteps, federal government contractors should consider the action items listed below BEFORE the government shuts its doors. For more comprehensive information on considerations for government contractors during a shutdown, please read our client alert “ September 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors . . . Read More
September 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors
The federal government is set to run out of funding on September 30. While Congress is working on a continuing resolution to extend current funding levels and avert a government shutdown, it is currently being reported that the stopgap funding may be blocked unless the continuing resolution includes certain terms, such as extending expiring Affordable Care Act health insurance subsidies. As we approach the possibility of another government shutdown, it’s crucial for government contractors to be prepared for the potential . . . Read More
Artificial Intelligence or Artificial Interference?: How AI is Reshaping Litigation for Better and Worse
Artificial intelligence (AI) is rapidly transforming the modern-day legal landscape, offering tools for research, drafting, document review, and jury selection, and even predicting case outcomes. If used correctly and with robust safeguards, some attorneys and litigants may benefit from the use of AI to streamline litigation projects. However, AI also can pose serious risks and dangerous pitfalls when misused or used without adequate quality control measures in place. Recently, for instance, dozens of attorneys have faced sanctions in federal court . . . Read More
CMMC Is Here—What It Means for Defense Contractors
The Cybersecurity Maturity Model Certification ( CMMC ) Program is finally here. A final rule establishing the CMMC Program at Title 32 of the Code of Federal Regulations (CFR), Part 170 went live on December 16, 2024. Now, the Department of Defense (DOD) issued a final rule (Final Rule) codifying the CMMC Program in the Defense Federal Acquisition Regulation Supplement (DFARS). Contractors that process, store, or transmit Federal Contract Information (FCI) or Controlled Unclassified Information (CUI) need to understand what key changes were made in . . . Read More
OMB Seeks to Revise the Small Business Act – Another Shot at the Rule of Two
Concerns are mounting that the Revolutionary FAR Overhaul will eliminate the regulatory “Rule of Two” found in FAR Part 19. Now, the Office of Management and Budget (OMB) is going further—seeking to narrow the reach of the statutory Rule of Two by revising the Small Business Act. Specifically, OMB wants to change the requirement from applying to purchases “below the simplified acquisition threshold (SAT)” to applying only to purchases below “$250,000.” At the same time, OMB proposes raising the SAT . . . Read More
Could You Qualify as Small Under SBA’s Proposed Revisions to Receipts-Based Size Standards?
On August 22, 2025, the Small Business Administration (SBA) issued a proposed rule entitled “Small Business Size Standards: Monetary-Based Industry Size Standard,” which proposes to increase the size standard for 263 industries and retain the receipts-based size standards for 237 industries and sub-industries. A proposed rule for employee-based size standard will be published in the near future. SBA’s proposed changes may allow some GovCons to stay small longer—or even regain small business status. Knowing the correct size standard and calculation is critical . . . Read More