A contracting officer issues a solicitation amendment on a Friday afternoon, reverses course by Friday evening and demands a revised quotation by noon on Saturday, then changes the requirements again on both Sunday and Monday with a response window of as little as one hour. The agency’s own suggested solution? Ordering a refrigerator manufactured in Turkey, not available for purchase in the United States. If this sounds like a procurement that went off the rails, the GAO agrees.
Continue Reading When “Reasonable” Means More Than a Weekend: GAO Sustains Protest Over Compressed Response Times
Beyond the Headlines: The Real Contractor Risks in the New DEI Executive Order
The biggest danger may be misreading the order—and creating new exposure in the process.
On March 26, 2026, President Trump issued an executive order (EO) titled “Addressing DEI Discrimination by Federal Contractors.” Read at the headline level, the order can sound like another broad anti-diversity, equity, and inclusion (DEI) pronouncement. Read as a procurement directive, however, it is something more concrete and more consequential: a command to federal agencies to begin inserting a mandatory clause into covered contracts and contract-like instruments, including subcontracts and lower-tier subcontracts, within 30 days. That shift, from messaging to mechanics, is the real story.
Continue Reading Beyond the Headlines: The Real Contractor Risks in the New DEI Executive OrderSBA Expands Administrative False Claims Act Enforcement: What Federal Contractors Need to Know
The Administrative False Claims Act of 2023 (AFCA), Pub. L. 118-159, § 5203, enacted December 23, 2024, substantially amended the Program Fraud Civil Remedies Act (PFCRA). On March 19, 2026, the Small Business Administration (SBA) published a direct final rule conforming its regulations to those statutory changes. 91 Fed. Reg. 13217 (Mar. 19, 2026). Absent significant adverse comment, the rule becomes effective May 4, 2026. Together, the AFCA amendments and the conforming rule materially expand SBA’s enforcement reach, raise the jurisdictional threshold for administrative proceedings, extend the statute of limitations, and introduce reverse false claims liability. Contractors doing business with SBA—or whose programs touch SBA loans, grants, or set-aside contracts—should act now.
Continue Reading SBA Expands Administrative False Claims Act Enforcement: What Federal Contractors Need to KnowSpring Cleaning Your Proposals: GAO’s Latest Reminder That Compliance Is Critical
As we move into spring—a season for tightening processes, clearing the backlog, and getting every detail right—a recent Government Accountability Office (GAO) bid protest decision delivers a timely reminder: in government contracting, a single compliance miss can be outcome determinative.
Last month, in Morrish-Wallace Construction, Inc. d/b/a Ryba Marine Construction Co., the GAO sustained a protest where the agency awarded a contract to a bidder that failed to acknowledge a material solicitation amendment. The decision is an instructive case study in why amendment acknowledgment is not just a box to check—it also is a binding legal act.
Continue Reading Spring Cleaning Your Proposals: GAO’s Latest Reminder That Compliance Is CriticalDon’t Panic! How Federal Contractors Should Navigate the Anthropic Designation
In every crisis, half the room runs in circles while the other half picks up a clipboard and starts taking stock. The Anthropic-Pentagon dispute is that crisis, and defense contractors are deciding which half they want to be in.
The short version: The government designated a FedRAMP-authorized, facility-cleared American AI company a national security supply chain threat, via social media, after the company refused to remove safety restrictions on autonomous weapons and mass surveillance. Anthropic sued days later, with the Pentagon’s own officials on the record stating the designation was “ideologically driven” with “no evidence of supply chain risk.”
Continue Reading Don’t Panic! How Federal Contractors Should Navigate the Anthropic DesignationThe BIOSECURE Act and the Expanding Life Sciences Supply Chain: Practical Considerations for Research-Driven Industries
In a previous posting, we flagged how the BIOSECURE Act (enacted as Section 851 of the Fiscal Year 2026 National Defense Authorization Act) reflects a growing focus on biotechnology supply chains within federal procurement. The statute is designed around a simple premise: Biotechnology risks rarely appear at the level of the final product. Instead, the risks tend to emerge through tools, platforms, and service providers embedded in the performance of federally funded work.
Nowhere is that observation more apparent than in industries adjacent to biotechnology that rely heavily on biological data, specialized testing infrastructure, or outsourced research capabilities. Examples include pharmaceutical and biologics developers, medical device and diagnostics manufacturers, contract research organizations (CROs) and specialized laboratory providers, healthcare and academic research institutions participating in federally funded programs, and technology companies supporting biological data analytics or laboratory automation. For these sectors, biotechnology may not define the business model, but it plays a quiet yet significant operational role in how products are discovered, validated, and manufactured. The BIOSECURE Act brings those operational dependencies into sharper focus.
Continue Reading The BIOSECURE Act and the Expanding Life Sciences Supply Chain: Practical Considerations for Research-Driven IndustriesOrbiting A.I.-deraan? A Disturbance in the Force for the Defense Industrial Base
“I felt a great disturbance in the Force, as if millions of voices suddenly cried out in terror and were suddenly silenced.”
When Obi-Wan Kenobi says this in Star Wars: Episode IV – A New Hope, he senses that something profound just changed in the galaxy. A powerful presence has vanished. The balance of power shifting in ways that will ripple far beyond the immediate moment. As Yoda later describes the Force: “Life creates it, makes it grow. Its energy surrounds us, binds us.” In this way, artificial intelligence (AI) is beginning to play a role for the US Defense Industrial Base (DIB) not unlike the Force itself—quietly enhancing the capabilities of engineers, analysts, and compliance professionals across thousands of organizations supporting national defense programs.
So what could happen if a major AI player suddenly disappears from the board?
Continue Reading Orbiting A.I.-deraan? A Disturbance in the Force for the Defense Industrial BaseNow That’s a Lot of Money: DOJ’s Record-Setting FCA Year Reflects Intensifying Enforcement Pressure on Government Contractors
The Department of Justice (DOJ) recently announced that False Claims Act (FCA) settlements and judgments exceeded $6.8 billion in fiscal year 2025. This massive haul is the largest annual recovery in the statute’s storied history. Although health care enforcement continues to account for the majority of recoveries, DOJ’s annual statistics confirm that procurement fraud, cybersecurity compliance, pandemic-program enforcement, and trade-related fraud remain core enforcement priorities that government contractors should not ignore. The FY 2025 numbers reinforce a familiar message: FCA enforcement remains one of DOJ’s most powerful tools for policing federal spending, and contractors should expect continued scrutiny of their certifications, representations, and contract compliance systems.
Continue Reading Now That’s a Lot of Money: DOJ’s Record-Setting FCA Year Reflects Intensifying Enforcement Pressure on Government ContractorsFeature Comment: Supply Chain Hide-And-Seek: How And Why the FY 2026 NDAA BIOSECURE Act Could Apply To You (Yes, You)
The BIOSECURE Act in the FY 2026 NDAA is a quiet, sweeping shift in federal supply-chain enforcement that reaches beyond “biotech” and into the tools most companies barely think about like software, AI, data platforms, and third-party services used behind the scenes. As Alex Major and Franklin Turner write in The Government Contractor, BIOSECURE Act
Cracking the Kitchen Sink: FY2026 NDAA Brings Bid Protest Reforms for Defense Contractors That Lodge Meritless Protests
Congress has once again reshaped the protest landscape—this time with a narrow but consequential change targeted squarely at Department of Defense (DoD) procurements. The Fiscal Year 2026 National Defense Authorization Act (NDAA), signed into law by the president on December 18, 2025, includes a new provision designed to discourage meritless protests at the Government Accountability Office (GAO), particularly where an incumbent contractor continues performing work during the protest. Although the language is focused and does not overhaul the protest system more broadly, it introduces a real financial risk calculus that unsuccessful incumbent offerors will now need to consider before pulling the protest trigger.
Continue Reading Cracking the Kitchen Sink: FY2026 NDAA Brings Bid Protest Reforms for Defense Contractors That Lodge Meritless Protests