On November 25, 2025, the Department of State announced an agreement of up to $150 million with Zipline International Inc. to expand access to life-saving medical supplies across Côte d’Ivoire, Ghana, Kenya, Nigeria, and Rwanda. According to the fact sheet on Zipline’s website: “Zipline designs, manufactures, and operates the world’s largest and most experienced

A contract is an exchange of promises that a court will enforce. In the fast-paced world of construction, disputes often arise over whether the parties actually formed a legally enforceable contract. The general rule is that to form a contract the parties must reach a meeting of the minds on the contract’s essential terms. Whether there is

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.

What Is the Ostensible Subcontractor Rule?

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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

Government shutdowns create unique challenges for federal contractors — especially when performance obligations collide with halted agency operations, furloughed contracting officers, and disrupted oversight. One often-overlooked risk during these periods is the potential for negative Contractor Performance Assessment Reporting System (CPARS) evaluations. As outlined at FAR 42.1503(b)(2), agencies review contractor performance across a variety

Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending on the context and jurisdiction, such contractual provisions may mean little or nothing at all.

Check State Laws

In 2024, the Minnesota Legislature passed a

Government contractors often focus on federal procurement opportunities, which are governed by the Federal Acquisition Regulation (FAR) regime. However, the state-level procurement landscape presents a distinct — and often less uniform — set of rules, risks, and opportunities. For businesses expanding into state or local markets, understanding these structural and procedural differences is essential.

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Earlier this May, we wrote about how the Alabama Supreme Court held that “hold harmless” and “indemnify” may be considered synonyms, even if the terms appear separately in a contract.

The court’s decision in Adams v. Atkinson, No. SC-2024-0528, 2025 WL 1416851 (Ala. May 16, 2025),was an important precedent at the time, as it

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.

FAR Overhaul — Plain Language, Statutory Focus, Faster Acquisition

Colleges and universities are increasingly engaged in complex relationships with the federal government — through contracts, cooperative agreements, and research grants that fund everything from infrastructure and cybersecurity to medical and defense-related innovations. With billions of dollars in federal funding flowing annually to higher education institutions, compliance with government contracting and grant requirements is not