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Philip Lee

Philip Lee represents government contractors in a broad range of industries including professional services, information technology, and aerospace in bid protests, investigations, contract claims, including terminations for convenience and default, and disputes between subcontractors and prime contractors. He leverages his legal experience and practical knowledge to assist companies with the review and analysis of federal and state solicitations, compliance with federal procurement regulations and related statutes, including small business regulations and issues, and the preparation and negotiation of teaming agreements, joint venture agreements, and subcontracts.

Prior to joining the firm, Philip was an attorney-advisor for the Department of Homeland Security where he provided legal advice and recommendations on a variety of procurement matters including research and development, tests, and evaluation activities performed by public and private sector entities. He also previously served as a contracting officer with the Department of the Interior and was responsible for ensuring contracts, modifications, and both government and contractor performance were compliant with statutory law, the Federal Acquisition Regulation (FAR), and appropriations law.

Philip’s previous experience as both a government attorney and contracting officer provides a unique government contracts perspective to government contractors.  This includes real-world experience in all aspects of the procurement cycle, from pre-solicitation to contract award and administration.  Philip’s practical experience in federal procurement was further augmented while serving as an attorney-advisor where he counseled contracting officers with solicitation and pre-award reviews as well as defending bid protests before the Government Accountability Office.  Philip’s unique insight provides a valuable perspective to government contractors and their procurement issues.

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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

Organizations across industries are incorporating or evaluating AI to improve workflow, increase productivity, and reduce costs. The Federal Government is doing the same. The Department of Defense has taken an especially assertive approach, issuing an AI Strategy earlier this year that outlines seven “Pace-Setting Projects” to accelerate AI development and deployment in support of DoD missions.

Continue Reading Feature Comment: Flag on the Field: Artificial Intelligence and the State of Play in Federal Contracting

Following a tumultuous start to fiscal year 2026, including a government shutdown that lasted 43 days, the National Defense Authorization Act for fiscal year 2026 (NDAA 2026), Pub. L. 119-60, was passed by Congress and signed into law on December 18, 2025. NDAA 2026 is a critical legislative act, setting acquisition reforms and policies and authorizing appropriations and funding levels for the Department of Defense (DoD). With $900.6 billion in funding for the DoD, NDAA 2026 contains a plethora of acquisition reform provisions and critical updates impacting defense contractors. Title XVIII of NDAA 2026 significantly increased certain acquisition thresholds, including triggers for the Truthful Cost or Pricing Data Act (formerly the Truth in Negotiations Act) and Cost Accounting Standards application, which you can read about here. Additionally, NDAA 2026 increases the thresholds for noncompetitive acquisitions and when information technology requirements qualify as a major system.

Continue Reading FY2026 NDAA: Major Increases to Critical Acquisition Thresholds

For those who grew up gripping a joystick and dodging alien fire in Defender, riding ostriches through floating platforms in Joust, or crossing a hectic freeway in Frogger, winning wasn’t about memorizing rules; it was about adapting fast, reading the patterns, and leveling up. That same urgency now applies to federal information and communication technology (ICT) contractors. A sweeping overhaul of FAR Part 39 has just been released, and while it may not blink and beep like a cabinet in a darkened arcade, it’s just as demanding. There’s no attract mode here. The game has already started.

Continue Reading FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit Reset

The U.S. Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) Program will become operational at some point in fiscal year 2025. In October, the DOD issued a Final Rule to address evolving cybersecurity requirements and cyber threats while defining the security controls that DOD intends defense contractors and subcontractors to implement. The program will require…

Alex Major, Franklin Turner, and Philip Lee co-authored the article “Surviving And Thriving In The Small Business Administration’s 8(a) Program: Maximizing Opportunities For NHOs, ANCs, And Tribes” for Briefing Papers. The article provides an overview of the Small Business Administration’s 8(a) Business Development Program, which provides socially and economically disadvantaged small business owners with federal…

Contractors interested in offering federal agencies artificial intelligence (AI) can now glean insight into how agencies are expected to conduct AI acquisitions. On September 24, 2024, the Office of Management and Budget (OMB) issued Memorandum M-24-18, Advancing the Responsible Acquisition of Artificial Intelligence in Government (the Memorandum), providing guidance and directing agencies “to improve their capacity for the responsible acquisition of AI” systems or services, including subcomponents. The Memorandum builds on the White House’s Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, and OMB Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence. Taking effect on March 23, 2025, M-24-18 will apply to all solicitations and contract option exercises for AI systems covered under the Memorandum.

Continue Reading OMB Issues Guidance to Agencies on Responsible Artificial Intelligence Acquisitions

Over the course of the past few years, gallons of ink have been spilled addressing the seemingly ever-pending US Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) Program. After keeping us waiting for years, it finally arrived when, on October 15, 2024, DoD published its Final Rule to establish the CMMC Program. See 89 Fed. Reg. 83092 (Oct. 15, 2024). Effective December 16, 2024, the Rule will require certain defense contractors to have implemented security measures to achieve a particular CMMC level necessary to safeguard Federal Contract Information (FCI) or Controlled Unclassified Information (CUI) as a condition of contract award. Codified at 34 C.F.R. Part 170, the CMMC Program will be augmented by a separate proposed acquisition rule to add a new 48 C.F.R. Part 204, amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address procurement considerations related to the CMMC Program, including allowing DoD to require a specific CMMC level in a solicitation or contract. See 89 Fed. Reg. 66327 (Aug. 15, 2024) or our analyses here and here. The date when that DFARS clause will become final is still unclear, but most suspect it will be soon.

Continue Reading A Standard on Many Levels: A Look at CMMC 2.0 in Final

On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See https://www.dol.gov/agencies/ofccp/ai/ai-eeo-guide. The guidance reminds federal contractors of their existing legal obligations, the potentially harmful effects of AI on employment decisions if used improperly, and best practices. Arriving early, the guidance puts contractors on notice of their responsibilities when using AI in their employment decisions.

Continue Reading Department of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-Making