Why Business Leaders Should Speak Out During the Shutdown
On October 1, 2025, Congress failed to pass an appropriations bill to keep the federal government open. Three weeks have passed, and there is still no clear path forward. With each passing day, Republicans and Democrats alike become further entrenched in their positions, convinced that their cause is just. As a result, hardworking Americans, their families, and their businesses suffer. Government representatives who contend that holding out for an uncompromising win will be beneficial in the long run fail to . . . Read More
Contracting Through the Long Haul: Maximizing Recovery During a Protracted Government Shutdown
As the federal government shutdown continues, contractors are left to grapple with growing uncertainty regarding whether certain costs are recoverable or whether certain work can be performed. Previous client alerts emphasized that maintaining open and consistent lines of communication with your contracting officers (CO) is critical. Although some COs may be furloughed and unavailable, it is imperative to establish a record of your decisions, and why you believe those decisions to be reasonable under the circumstances. This client alert: (1) . . . Read More
FAR Part 19 Overhaul: What It Means for the 8(a) Program
On September 26, 2025, the Federal Acquisition Regulatory (FAR) Council released the FAR Part 19 model deviation text, significantly reorganizing the Part’s overall structure. The updated FAR Part 19 not only streamlines the layout to align with the acquisition lifecycle but also revises key rules governing set-aside contracts awarded under various small business programs. One of the most notable areas affected is the 8(a) Business Development Program. This blog provides a more detailed analysis of recent changes to the FAR . . . Read More
Long-Awaited Release of FAR Part 19: New Rule of Two and More
On September 26, 2025, the Federal Acquisition Regulatory Council released the much-anticipated rewrite of Federal Acquisition Regulation (FAR) Part 19, formerly titled Small Business Programs, as part of the broader Revolutionary FAR Overhaul initiative. To the pleasant surprise of many in the government contracting community, much of Part 19’s original content remains intact considering other more significant changes to other parts of the FAR. Still, several notable revisions—most prominently, retention of the Rule of Two—carry significant implications for small business . . . Read More
FAR Part 19 Overhaul: What It Means for Size Recertification, M&A, and Contract Eligibility
When the FAR Council issued its long-awaited rewrite of FAR Part 19 as part of the Revolutionary FAR Overhaul, many in the government contracting community focused on headline issues like the preservation of the “Rule of Two” and the streamlining of small business policies. But tucked within the reorganization is one of the most impactful—and potentially disruptive—changes for contractors: the treatment of size recertification. While the new FAR attempts to simplify the rules by anchoring size status at the master contract level, it creates significant . . . Read More
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