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Franklin Turner

Mr. Turner is a Partner and Co-Leader of the Government Contracts & Export Controls Practice Group. He is an innovative business lawyer with significant experience resolving complex government contracts issues for a broad array of companies – ranging from multinational, multibillion-dollar Fortune 500 corporations in the aerospace, defense, technology, health care and industrial supply sectors to small business intelligence and security services providers.

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Every driver knows the sound a missed exit makes. Silence, then 14 minutes of profane commentary. It is worse in October, when the ridgeline is on fire with color and the next turnaround is 11 miles out.

On September 1, 2026, the Cost Accounting Standards (CAS) Board (Board) published two final rules, 91 Fed. Reg. 56056 and 91 Fed. Reg. 56061. Both take effect October 1, 2026, and together they build contractors an off-ramp out of CAS. It is unmarked, and for existing contracts it does not open until your next full cost accounting period. Is your blinker on? Should it be?

Continue Reading Modified Behavior: The CAS Off-Ramp Almost Nobody Is Talking About

Labor Day has a way of sneaking up on the federal market. The fiscal year is closing, the fourth-quarter obligation sprint is in full swing, and most of us are also trying to squeeze one more week out of summer vacation. This year, the Small Business Administration (SBA) used the last stretch of summer to…

The proposed rule is now history. On August 11, 2026, the Small Business Administration (SBA) published its final rule, Reforms to 13 CFR 124.103 To Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually Owned Firms Only, 91 Fed. Reg. 51568 (Aug. 11, 2026) (the Rule). The Rule takes effect September 10, 2026, and by its own terms applies to all pending applications of individually-owned applicants as of that date. A firm with an application sitting in the queue will therefore be measured against a test that did not exist when it applied.

Continue Reading Prove the Policy, Not the Story: SBA’s Final Rule Rewrites the 8(a) Social Disadvantage Test

I’m totally aging myself (due to reruns) but The Jetsons (created by William Hanna and Joseph Barbera (1962-63)), promised us a future where you pushed a button and the “Food-a-Rac-a-Cycle,” a machine, made whatever you wanted. Dinner. Clothes. Maybe an off-brand Spacely sprocket or two. Additive manufacturing has gotten us remarkably close. Give a 3D printer the right digital file, the right material, and the right process parameters, and out comes the part. George Jetson would recognize the concept immediately. What George did not have was the Defense Federal Acquisition Regulation Supplement (DFARS).

Continue Reading Meet George Jetson’s Government Contractor: 3D Printing, CUI, and Who Owns the Recipe

Two proposals rated Exceptional. Two past performance ratings of Substantial Confidence. A price gap of nearly $15 million between the two offerors. On that record, the Department of Veterans Affairs (VA) did what source selection authorities routinely do. It declared the offerors essentially equal on the non-price factors and awarded to the lower-priced firm. The Government Accountability Office (GAO) sustained the disappointed offeror’s protest, because the past performance findings that made the two firms look equivalent could not bear the weight the agency placed on them. The case is Veros Real Estate Solutions, LLC, B-423965.2, B-423965.3, B-423965.4 (Comp. Gen. July 22, 2026), and it carries an outsize practical lesson: An agency may not credit an offeror with work the offeror did not perform, and it may not paper over a relevancy determination with conclusory adjectives. For contractors competing in best value procurements where technical ratings bunch at the top, the holding warrants close study.

Continue Reading Credit Where Credit Isn’t Due: GAO Sustains Protest Where VA Credited the Awardee for the Government’s Own Work

Peak summer travel season has jet fuel moving by the millions of gallons, so there is a certain irony in a fuel-supply dispute that turned on an email no one at the agency ever opened. A contractor sent its proposal a day early, got an automated message saying the email was delivered, and lost the competition anyway. The agency never saw the bid. That is the short version of Rick Aviation, Inc. v. United States, No. 25-1604 (Fed. Cl. June 17, 2026), a post-award protest recently decided at the Court of Federal Claims. The opinion is a useful—and painful—refresher on what “received” actually means under the Federal Acquisition Regulation and on how little sympathy a court will extend when the offeror caused the problem.

Continue Reading Grounded Before Takeoff: A Cautionary Tale on the “Late-Is-Late” Rule

In December 2025, Section 1826 of the FY 2026 NDAA created one of the most valuable classifications in defense contracting and most companies that qualify don’t know it yet. Qualify as a “nontraditional defense contractor” and you’re exempt from certified cost or pricing data, FAR Part 31, and the entire DFARS business-systems architecture. The kicker?

What Federal Contractors Should Be Watching This Summer

Summer 2026 has arrived with a new wave of artificial intelligence (AI) policy from the White House. On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security” (the Order). The Order directs federal agencies—on aggressive 30‑ and 60‑day timelines, with key deliverables due by July 2, 2026 and August 1, 2026—to harden federal information systems with AI‑enabled defenses, establish a voluntary framework for pre‑release federal access to so‑called “covered frontier models,” and prioritize criminal enforcement against malicious AI‑enabled cyber activity. Although the Order is framed as innovation‑and‑security policy and expressly disclaims any “mandatory governmental licensing, preclearance, or permitting requirement” for new AI models, it will have immediate operational consequences for federal information‑technology and cyber contractors, AI developers, critical‑infrastructure operators, and their service providers.

Continue Reading AI Heats Up: New Executive Order on Promoting Advanced Artificial Intelligence Innovation and Security

In a sharply worded order issued May 18, 2026, the Office of Hearings and Appeals (OHA) of the US Small Business Administration (SBA) remanded the agency’s suspension of ATI Government Solutions, LLC, from the 8(a) Business Development (BD) Program, finding the administrative record so deficient that it could not meaningfully review whether the suspension rested on adequate evidence. The case is Matter of ATI Government Solutions, LLC, SBA No. BDPT-728 (2026), and the decision is a forceful reaffirmation of two bedrock principles of administrative law in the 8(a) suspension context: An agency must articulate its reasoning at the time it acts, and the record it submits on appeal must actually contain the materials the decision-maker relied on. It also arrives at a uniquely fraught moment for 8(a) firms—and ATI, a tribally owned participant suspended on the strength of a hidden-camera video, illustrates exactly the kind of fast, thinly supported enforcement action that seems to have become business as usual for the SBA in recent months.

Continue Reading OHA Remands 8(a) Suspension Built on Hidden-Camera Video

Half an inch determined the outcome of a $260 million Department of Veterans Affairs (VA) procurement in Joerns Healthcare, LLC v. United States, a bid protest in which the US Court of Federal Claims (COFC) enforced strict compliance with solicitation specifications. The court rejected the contractor’s reliance on industry standards, holding that unambiguous solicitation terms control evaluation outcomes when agencies verify compliance through stated measurement methods. For contractors competing in FAR Part 12 commercial item acquisitions and FAR Part 15 procurements, the decision reinforces that even minimal deviations from express requirements can render a proposal unacceptable.

Continue Reading Half an Inch from a Quarter-Billion: COFC Tells Contractors to Read the Spec, Not the Industry