News & Analysis as of

Federal Acquisition Regulations (FAR)

Pillsbury - Bid Protest Debrief

GAO Finds Exclusion Over $0.01 Scrivener’s Error Unreasonable, But Denies Protest for Lack of Prejudice

In Innovative Management & Technology Approaches, Inc., B-423190, et al., Mar. 3, 2025, IMTAS protested its exclusion from a competition run by the Federal Bureau of Investigation (FBI) after the agency rejected its proposal...more

Fenwick & West LLP

Buy-Side M&A Playbook: Due Diligence in Aerospace & Defense - What Buyers Need to Know

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Once a term sheet is in place, buyers must conduct thorough due diligence to uncover potential risks and liabilities. In the aerospace and defense sector, due diligence extends beyond financials to regulatory compliance,...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 4: M&A Transactions with Government Contractors

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Transactions that involve government contracts carry a unique set of challenges. Unlike a typical merger or acquisition, deals involving government contracts require the navigation of a complex web of federal laws,...more

Bradley Arant Boult Cummings LLP

Best Practices for Due Diligence in Government Contractor M&A Transactions

Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more

Sheppard Mullin Richter & Hampton LLP

Trump’s New Cybersecurity Executive Order: What Contractors Need to Know

On June 6, 2025, the Trump Administration released a new Executive Order (“EO”) on cybersecurity, Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order...more

Morrison & Foerster LLP - Government...

GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more

Womble Bond Dickinson

Guide to Buying Buildings from the Federal Government: Where to Start and What to Know

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As the Trump administration actively works to streamline federal operations, its ambitious efforts to divest surplus property holdings present new buying opportunities for commercial real estate investors and developers. This...more

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

Blindauer Law PLLC - Government Contracts...

Government Contract Tariff Exemptions

It is the Federal Government’s policy that, when available and practicable, a Government contractor should obtain a tariff duty exemption. This is common sense. A tariff duty makes a contract more expensive for the...more

PilieroMazza PLLC

Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination

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The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a previous Client Alert by Sam Finnerty, the Federal Acquisition Regulation (FAR) has not been...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025

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New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor Utilization - The Department of Defense (DoD) has issued a significant policy memorandum “to...more

Pillsbury - Bid Protest Debrief

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded...more

Holland & Hart LLP

A Defense Contractor's Guide to CMMC, DFARS, and FAR Requirements

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Cyber-attacks against America’s defense industrial base are becoming more sophisticated and more frequent. To reduce the risk of sensitive national security information landing in the hands of bad actors, the Department of...more

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

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Contractors Should Seek to Distinguish Themselves in More Competitive Environment - The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As Holland & Knight...more

PilieroMazza PLLC

New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor...

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The Department of Defense (DoD) has issued a significant policy memorandum “to promote fiscal responsibility, streamline operations, and maximize [DoD] readiness and lethality.” The May 27 Memo, Implementation of Executive...more

PilieroMazza PLLC

Market Research Slimmed Down: How the FAR Part 10 Overhaul Impacts Government Contractors

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The FAR Council’s “Revolutionary FAR Overhaul” has streamlined FAR Part 10, shifting from a prescriptive, statute-heavy approach to a leaner set of minimum requirements. While this promises faster procurements and greater...more

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

Holland & Knight LLP on

The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As our team previously summarized, EO 14222 implemented the Department of Government Efficiency's (DOGE) "cost...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2025 #5

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Federal Acquisition Regulation (FAR) Model Deviation to FAR Part 10 - On May 22, the FAR Council released the model deviation text for FAR Part 10, Market Research. This deviation increases the flexibility of the...more

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

Schwabe, Williamson & Wyatt PC

Court Upholds Rights of DBE Supporters to Intervene

On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more

Schwabe, Williamson & Wyatt PC

FAR Council Using Systematic Approach to Make Revisions

The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research. The GSA provided the following explanation of the changes to FAR Part 10: ...more

Alston & Bird

DOJ Settles Another False Claims Act Case for Alleged Failures in Implementing NIST SP 800-171 and Basic Cybersecurity Controls

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On May 1, 2025, the U.S. Department of Justice (DOJ) announced a settlement under the False Claims Act (FCA) involving defense contractors Raytheon Company (Raytheon), RTX Corporation (RTX), and Nightwing Group—the successor...more

Bradley Arant Boult Cummings LLP

A Legal Guide to the SBA’s Mentor-Protégé Program for Small Businesses

Small businesses are the backbone of the U.S. economy, and the federal government offers a range of programs to support their growth — particularly in the realm of government contracting. One of the most strategic tools...more

Fox Rothschild LLP

Bid Protest Insights – Understanding Price Realism in Compensation Plans

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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...more

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