Federal Contracting

Expanded FOCI Oversight Is Coming: What Defense Contractors Should Be Doing Now

On May 7, 2026, the Defense Acquisition Regulations System proposed amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement sections of the National Defense Authorization Act for Fiscal Years 2020 and 2021. This change seeks to mitigate risks related to beneficial ownership or foreign ownership, control, or influence (“FOCI”). The proposed rule would...
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Don’t Get Burned This Summer: Federal Contractors Have Until July 24 to Comply With the New “Addressing DEI Discrimination” FAR Clause but State Contracts Make for a Complicated Season

While most people are counting down to summer vacation, federal contractors have a different kind of deadline on the calendar. There’s no slowdown on compliance this season. July 24, 2026 is the date by which contracting officers must make every effort to bilaterally modify existing contracts to incorporate FAR 52.222-90, “Addressing DEI Discrimination by...
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Let Your Mentor-Protégé Agreement Lapse, Lose the Set-Aside: Lessons From A Difficult Court Decision

Article by: Ryan Bradel, Partner Most small business government contractors know the general rule cold: a company’s size for a small business set-aside is determined as of the date of its initial offer. But there are critical exceptions. The most impactful is the one for mentor-protégé joint ventures. Under a rule SBA crafted in...
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GAO Sustains Protest Where Agency’s Rapid-Fire Amendments Left Offerors No Fair Opportunity to Compete

Article by: Rory Hatch, Associate GAO’s recent sustain, Effective Communication Strategies, LLC; Corps of Engineers, serves as a reminder that contracting officers have an affirmative obligation to give offerors a reasonable opportunity to respond to solicitation amendments, and that a flurry of same-day, weekend, and sub-hour deadlines does not satisfy that obligation. Protest Background...
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New DEI Executive Order: What Federal Contractors Need to Watch and How to Plan Moving Forward

Posted on March 31, 2026
Article by: Rory Hatch, Associate New Compliance Requirements Are Already Moving On March 26, 2026, President Trump signed a new Executive Order titled “Addressing DEI Discrimination by Federal Contractors,” directing federal agencies to incorporate new DEI-related compliance obligations into federal contracts. Agencies have 30 days to begin adding a mandatory compliance clause, and the...
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What Federal Contractors Should Know About the Government Shutdown

Those of us who have spent time working in—or with—the federal government over the past several decades know that government shutdowns are not entirely uncommon.  There have actually been a total of 21 government shutdowns over the past 50 years, with the last occurring in 2019 and the longest lasting 35 days. By the...
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