The Small Business Administration’s (SBA) ostensible subcontractor rule remains one of the most consequential — and misunderstood — affiliation principles in federal procurement. For small businesses pursuing set-aside contracts, failing to navigate this rule properly can result in bid protests, loss of eligibility, and even contract termination.
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In a recent decision, the Civilian Board of Contract Appeals (CBCA) held that contractors performing loan-servicing work for the Department of Education are entitled to reimbursement for increased labor costs resulting from federal minimum wage and paid sick leave mandates. The ruling clarifies that such adjustments are permissible even under fixed-price contracts when the
The federal procurement landscape is shifting rapidly. Agencies, Congress, and the courts have pushed major changes recently that affect how contracts are written, awarded, challenged, and performed. Below is a concise survey of the most important emerging trends — and practical steps contractors should take now.
Under Executive Order 14275, Restoring Common Sense to Federal Procurement, and accompanying OMB Memorandum M-25-26, the FAR Council is undertaking a comprehensive redesign of the Federal Acquisition Regulations (FAR). The stated goal of this “Revolutionary FAR Overhaul (RFO)” is to streamline the FAR, eliminate non-statutory or duplicative provisions, adopt clearer or “plain language”
Debriefings can be one of the most valuable opportunities for government contractors in the procurement process. Whether you win or lose a competition, a well-conducted debriefing provides insight into the agency’s evaluation, helps strengthen future proposals, and preserves certain protest rights. To maximize these benefits, contractors should approach debriefings strategically.
Federal
Contractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the Government Accountability Office (GAO) for bid protests. Instead, protests are governed by Section 3.6 of the USPS Purchasing
One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests generally focus on the terms of the solicitation itself and/or the ground rules of the competition. When used strategically, a pre-award protest can help level
Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or mitigate” OCIs to ensure that government decisions are made objectively and without improper influence. For contractors — especially those engaged in professional services, systems engineering, or
On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The decision reinforces a critical defense against ostensible subcontractor affiliation allegations: demonstrating compliance with the SBA’s limitation on subcontracting requirements.
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 regulatory compliance, security requirements, and approval processes that can significantly affect deal structure, valuation, and risk. This blog post outlines some of the basic best practices for due diligence