GAO Sustains Protest of VA’s Past Performance Evaluation—Agencies Must Use the Evaluation Criteria Present in the Solicitation
Article by: Tyson Marx, Partner An agency’s failure to follow the evaluation criteria present in a solicitation remains one of the most successful protest grounds at GAO. On July 10, 2026, GAO sustained the protest of Veterans Management Services, Inc. (VMSI) on the basis that the Department of Veterans Affairs (VA) failed to follow...
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DOJ and FTC Signal New Direction on Competitor Collaborations: Implications for Government Contractors
In a series of recent developments, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have signaled a shift in how they will evaluate collaborations among competitors—an issue that could have significant implications for government contractors that rely on teaming agreements, joint ventures, and subcontracting relationships in federal procurement. In December 2024,...
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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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SBA Proposes New Social Disadvantage Test for Individually Owned 8(a) Applicants, Eliminating the Rebuttable Presumption
On June 11, 2026, the U.S. Small Business Administration (“SBA”) published a proposed rule that would revise how individually owned small businesses establish social disadvantage for purposes of the Section 8(a) Business Development Program (the “8(a) Program”), 91 Fed. Reg. 35433 (June 11, 2026). The proposed rule would remove the longstanding rebuttable presumption of...
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The FAR Overhaul’s CUI Rule Heads to Formal Rulemaking: What Contractors Should Watch
Article by: Steffanie Lee On Tuesday, June 23, the Federal Acquisition Regulatory Council published the first tranche of proposed FAR rules in the Federal Register, formally opening public comment on the first wave of its Revolutionary FAR Overhaul. This first set spans roughly 17 FAR Parts, with additional batches expected in the coming months....
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The Navy’s 2026 Shipbuilding Plan: Acquisition Reform and Industrial Capacity Take Center Stage
In May 2026, the Department of the Navy released its latest Shipbuilding Plan (the “Plan”), outlining a long-term vision for expanding and modernizing the Fleet while simultaneously addressing longstanding acquisition and industrial-base challenges. While the Plan discusses future fleet composition and procurement priorities, one of its most notable themes is the Navy’s recognition that...
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