Massachusetts aims to be the “cornerstone of the defense industry,” with Governor Maura Healey announcing nearly $47 million in government funding for defense-related projects. Last year, the Department of Defense ranked Massachusetts ninth out of the top ten states in total Defense spending in FY2023, and the state is aiming
Continue Reading Massachusetts Seeks to Expand Defense Footprint with Nearly $47 Million in New Projects
Expired: SBIR/STTR and DPA Authorities in Limbo
Two cornerstone authorities for federal contracting quietly expired on September 30, 2025, creating ripple effects that contractors—small and large—cannot afford to overlook. The Small Business Innovation Research/Small Business Technology Transfer (“SBIR/STTR”) programs, commonly known as “America’s Seed Fund” for their role in fueling early-stage innovation, and the Defense Production Act (“DPA”), the backbone of the government’s ability to prioritize contracts and strengthen the industrial base, both lapsed at the close of the fiscal year. Although lawmakers have floated temporary or long-term fixes in pending legislation, nothing has yet been enacted. The simultaneous government shutdown further complicates the picture, making new awards unlikely in the near term and magnifying uncertainty for contractors who rely on these authorities.Continue Reading Expired: SBIR/STTR and DPA Authorities in Limbo
En Banc Decision in Percipient.ai, Inc. v. United States: Federal Circuit Holds That Only Actual or Prospective Bidders or Offerors Have Bid Protest Standing Under Tucker Act
This blog previously covered the Federal Circuit’s decision in Percipient.ai, Inc. v. United States, which addressed bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”), and seemed to potentially open the door to a new category of protests. Now, in an en banc ruling, the Federal Circuit vacated that decision and reached a different conclusion on bid protest standing. The Federal Circuit left the jurisdictional questions unresolved, but even if future decisions construe COFC’s jurisdiction broadly, the Federal Circuit’s decision on standing will likely limit the universe of new protests that might otherwise result from such a broad construction of jurisdiction. Continue Reading En Banc Decision in Percipient.ai, Inc. v. United States: Federal Circuit Holds That Only Actual or Prospective Bidders or Offerors Have Bid Protest Standing Under Tucker Act
DOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” Practices
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” The Attorney General’s memorandum follows Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), which calls for “ending illegal discrimination and preferences, including DEI” in the private sector, as well as two “technical assistance” documents titled “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work” issued by the Equal Employment Opportunity Commission (“EEOC”). We previously discussed EO 14173 here and the EEOC technical assistance here.Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing “Unlawful Discrimination” Practices
The Proposed FAR Rule on OCIs: Big Changes May Be Coming
Yesterday, the FAR Council issued a proposed rule that would update the U.S. Government’s approach to organizational conflicts of interest (OCIs). While the proposed rule is not finalized and may change in response to forthcoming comments from interested parties, the proposed rule contemplates major changes to the FAR’s existing framework in this area. In this post, we summarize the background leading up to the proposed rule and highlight key areas of proposed change.
Background
The proposed rule is the latest installment in a years-long effort by Congress, GAO, and the FAR Council to update the OCI guidance in the FAR. Many years ago, in 2011, the FAR Council issued a proposed rule to amend the FAR’s guidance on OCIs with a particular focus on OCIs related to unequal access to nonpublic information. The 2011 proposed rule was motivated in part by a GAO report recommending that the FAR Council provide additional protections for contractors accessing sensitive information.
The 2011 proposed rule was never finalized and was ultimately withdrawn in 2021. Many of the key changes in the most recent proposed rule, however, were foreshadowed by the 2011 proposed rule. For example, the 2011 proposed rule would have moved OCI guidance to FAR Part 3, allowed agencies to determine that a risk is acceptable in the context of impaired objectivity OCIs (without requiring a formal waiver), and provided standard solicitation provisions and contract clauses.
As previously discussed on this blog, in December 2022 Congress passed the ‘‘Preventing Organizational Conflicts of Interest in Federal Acquisition Act” (the Act), which directed the FAR Council to issue new rules for OCIs. The Act itself did not establish any new OCI standards but directed the FAR Council to: (1) provide definitions of the different types of OCIs; (2) provide illustrative examples of OCIs, including in situations where contractors’ other clients may have interests that potentially conflict with those of the contracting agency; and (3) provide solicitation provisions and contract clauses, but allow executive agencies to tailor them. The proposed rule gives effect to each of these three mandates, and makes other significant changes as well.Continue Reading The Proposed FAR Rule on OCIs: Big Changes May Be Coming
GAO’s Annual Bid Protest Report: Fiscal Year 24 Protest Filings and Sustain Rate Fell after Unusually High Fiscal Year 23
- The number of protest filings decreased by 11% from FY23. After a 22% increase between FY22 and FY23 to
GAO’s Annual Report: Bid Protest Cases Filed Drop to Ten-Year Lows While the Effectiveness Rate Remains High
Last Tuesday, GAO released its Fiscal Year 2021 protest statistics, which as always contains a wealth of interesting information about GAO’s protest system.
- Protest filings dropped by 12% from FY20. After remaining fairly steady in FY19 and FY20, filings dropped in FY21, with the lowest number of cases filed
New FAR Rule Continues Shake-Up of LPTA Procurements
Continue Reading New FAR Rule Continues Shake-Up of LPTA Procurements
Look Before You Release — ASBCA Enforces Release of Claims to Contractor’s Detriment
The decision, Appeal of Horton Construction Co., Inc., ASBCA No. 61085