Government Contracts

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

Now that the final Cybersecurity Maturity Model Certification (CMMC) Program and Procurement Rules have been issued by the Department of War (DoW) (see our CMMC Toolkit for in-depth analysis of these Rules) and the CMMC Program is set to begin in earnest, there is some uncertainty in industry as to…

Continue Reading How Will DoW Determine Which Level of CMMC Applies to My Agreement?

On October 17, 2025, the General Services Administration (“GSA”) announced that it plans to issue a Mass Modification to GSA’s Multiple Award Schedule (“MAS” or “Schedule”) Solicitation[1] and Schedule contracts in November 2025 (“Refresh”).  Periodically, GSA may issue a Mass Modification to Schedule contracts to uniformly impose changes to the contract terms applicable to all Schedule contract holders, often as a result of changes in applicable law, regulation, or policy.  This approach also ensures that existing Schedule contracts have consistent terms, even though with the evergreen nature of the Solicitation those contracts have been entered into at different times and are at different stages of performance.

This Refresh (i.e., Refresh #30) will implement several significant changes with the goal to align the GSA Schedule with recent developments in the Revolutionary FAR Overhaul (“RFO”).[2]  Although the full text of the Refresh is not yet available, GSA’s Refresh outline provides insight into the changes that are to come as GSA seeks to gain implementation experience with the RFO clauses, provisions, and ordering procedures through its Schedule contracts.  Given GSA’s leadership of the RFO process, and this year’s Executive Order to consolidate domestic procurement of common goods and services in GSA to the extent permitted by law,[3] it is no surprise that it has acted quickly to revise its long-term government-wide contracting vehicle according to these recent developments. 

Along with the Refresh announcement, GSA opened a 10 business day comment window on buy.gsa.gov, which we expect will close on October 31, 2025.  Schedules contractors will be expected to accept the Refresh no later than 90 days from its release which is expected sometime in November.  Below we discuss relevant background on the RFO process as it relates to the Schedule and anticipated changes to provisions and clauses in the Refresh.  We will continue to watch for updates as GSA’s implementation of the RFO unfolds.    Continue Reading Overhauling the GSA Schedule

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

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

This blog post discusses the Department of Defense’s (“DoD”) new cybersecurity rule that imposes certain cybersecurity requirements on relevant DoD contractors and subcontractors. The post will be of interest to all DoD contractors, subcontractors, and possibly affiliates of contractors that may be impacted by the new rule’s cybersecurity requirements.

On September 10, 2025, DoD published the final version of the Cybersecurity Maturity Model Certification (“CMMC”) Defense Federal Acquisition Regulation Supplement (“DFARS”) Procurement Rule (“Procurement Rule” or “Rule”) in the Federal Register.  This Rule imposes the contractual requirements associated with the CMMC Program Rule that was published in final form in October 2024.  The Procurement Rule will become effective sixty days after publication, on November 10, 2025 and will be implemented in a phased approach.  Continue Reading Cybersecurity Maturity Model Certification (CMMC) Program Procurement Final Rule Announced

On August 29, 2025 the Department of Justice (“DOJ”) announced the launch of a cross-agency Trade Fraud Task Force (“TFTF”), a partnership between DOJ’s Civil and Criminal Divisions, as well as the Department of Homeland Security (“DHS”). On the same day, the U.S. Court of Appeals for the Federal Circuit…

Continue Reading Creation of the Cross-Agency Trade Fraud Task Force and the Future of Tariffs Enforcement

Though the 2nd Trump Administration has dramatically turned away from the energy and industrial policies of the Biden Administration, private-sector proponents of advanced energy projects may still find opportunities to partner with the federal government on certain Research and Development (R&D) or commercialization projects in the energy sector. 

Since January 2025, nearly all corners of the federal government have sought to terminate federal grants, loans, and contracts that the Trump Administration has determined are out of step with the government’s revised priorities (such as in the case of various clean energy focused programs or decarbonization initiatives).  Nonetheless, federal agencies have also announced new initiatives providing both financial and non-financial benefits for energy projects that the Trump Administration continues to support.  In particular, there are significant opportunities available for developers of nuclear energy, critical minerals, and geothermal projects, as detailed further below.  Continue Reading Opportunities for Advanced Energy Partnerships in the 2nd Trump Administration

Federal contractors, grantees, borrowers, and others receiving federal funds face a variety of restrictions on their use of those funds for political purposes, including for lobbying. A new presidential memorandum issued last week by President Trump highlights one of those restrictions, 31 U.S.C. § 1352, also known as the…

Continue Reading Administration Targets Lobbying by Federal Grantees with New Presidential Memorandum

Consistent with the Trump Administration’s focus on procurement fraud, a recent settlement and guilty pleas secured by the DOJ demonstrate that bid rigging is in the Administration’s crosshairs.  Government contractors should be aware of the legal risks associated with bid rigging when engaging in the bidding process. Continue Reading Bid Rigging Risk for Government Contractors