A recent order from the Civilian Board of Contract Appeals in Zhang v. General Services Administration offers important guidance on the scope of discovery obligations in federal contract disputes — particularly where responsive records are held not by the respondent agency, but by a separate federal entity.
The decision merits attention for its analysis of
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, and accountability, the order reflects concerns about cost overruns and inefficiencies associated with cost-reimbursement models. This post examines the order’s key provisions, its legal and
The Cost Accounting Standards Board (CASB) has proposed a significant overhaul to CAS applicability thresholds — one that is clearly aimed at reducing compliance burdens, simplifying CAS administration, and expanding competition in the federal marketplace. If implemented, these changes would represent one of the most meaningful deregulatory CAS reforms in decades, particularly for growing mid-size
On January 7, 2026, the Trump administration issued Executive Order 14372 entitled “Prioritizing the Warfighter in Defense Contracting.” The order marks a decisive shift in federal defense procurement policy: Production performance and readiness now take precedence over shareholder returns for major contractors. It introduces prohibitions on stock buybacks and dividends during periods of underperformance, accelerates
With the recent conclusion of the biannual sprint that is the Texas Legislative session, Gov. Greg Abbott has started signing bills, including two that affect the construction industry: one in the area of construction defect claims on public buildings/public works projects and the second regarding the ability for parties to assign construction trust fund claims.
With the inauguration of President Donald Trump and the Republican Party taking control of both houses of Congress, the renewable energy industry is faced with great uncertainty, including the potential for immediate impacts on the regulatory environment based on recent executive action.
On January 20, 2025, President Trump issued a memorandum instructing federal agencies to
In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in the state. The new law requires that every battery energy storage facility located in California establish an emergency response and
The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes:
Section 39-1-1 mandates that a contractor performing public works furnish a performance bond equal to 100% of the contract price and a payment bond equal to
The U.S. Court of Federal Claims, in Hydraulics International, Inc. v. United States, recently held that the court had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection with a potential future procurement. Key facts and takeaways from this noteworthy and welcome decision — which has the potential
Today, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will have profound consequences across the clean energy landscape, including for manufacturers, developers, owner-operators, utilities and investors. Bradley has been actively