Government Contracts

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...

Article by: Matthew Saliman, Associate In a recent decision, the Armed Services Board of Contract Appeals (“ASBCA”) reinforced a fundamental principle of government contracting: contractors that perform work without a finalized contract face substantial risk that they may never be paid. In Futures, Inc., ASBCA No. 61566, the Board denied a contractor’s attempt to...

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...

Article by: Matthew Saliman, Associate A pending petition before the Supreme Court of the United States could reshape how courts analyze foreign sovereign immunity in arbitration enforcement actions, with meaningful implications for companies pursuing claims against state actors. The Issue: Jurisdiction vs. Arbitrability The dispute arises from efforts by Ukrainian energy companies to enforce...

Article by: Nicholas Hopkins, Associate In its recent Life Science Logistics, LLC v. United States decision, the Federal Circuit resolved an important question about the standard that applies to an agency’s attempt to override a Competition in Contracting Act (CICA) stay of contract award. The CICA Stay, and How the Government Can Override It...

Article by: Paxton Ouellette, Associate In February 2025, the Department of Homeland Security (“DHS”) began market research related to its upcoming communications campaign to publicize information regarding immigration compliance. To prepare, DHS reviewed industry publications, analyzed recent DHS initiatives, and evaluated vendors that were skilled in hyper-targeted media and advertising services, ultimately identifying “four...