Don’t Get Burned This Summer: Federal Contractors Have Until July 24 to Comply With the New “Addressing DEI Discrimination” FAR Clause but State Contracts Make for a Complicated Season
While most people are counting down to summer vacation, federal contractors have a different kind of deadline on the calendar. There’s no slowdown on compliance this season. July 24, 2026 is the date by which contracting officers must make every effort to bilaterally modify existing contracts to incorporate FAR 52.222-90, “Addressing DEI Discrimination by...
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Let Your Mentor-Protégé Agreement Lapse, Lose the Set-Aside: Lessons From A Difficult Court Decision
Article by: Ryan Bradel, Partner Most small business government contractors know the general rule cold: a company’s size for a small business set-aside is determined as of the date of its initial offer. But there are critical exceptions. The most impactful is the one for mentor-protégé joint ventures. Under a rule SBA crafted in...
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ASBCA Rejects Contractor’s $24 Million Claim for “Gratis” Performance
Article by: Matthew Saliman, Associate In a recent decision, the Armed Services Board of Contract Appeals (“ASBCA”) reinforced a fundamental principle of government contracting: contractors that perform work without a finalized contract face substantial risk that they may never be paid. In Futures, Inc., ASBCA No. 61566, the Board denied a contractor’s attempt to...
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GAO Confirms Corrective Action Doesn’t Reset Viability of Recycled Bid Protest Arguments
Article by: Nicholas Hopkins, Associate GAO recently issued a stark reminder to bid protesters that denied protest grounds cannot be re-raised after corrective action. Even where GAO orders corrective action, the protester must immediately request reconsideration if it believes GAO erred by denying or failing to address a protest ground. It cannot wait until...
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The Abu Ghraib Litigation Saga Continues
Article by: Matthew Saliman, Associate The long-running litigation arising out of alleged detainee abuse at Abu Ghraib prison has taken yet another procedural turn. Following last month’s Fourth Circuit decision largely affirming a $42 million verdict against CACI Premier Technology Inc., the contractor is now asking the court to pause further proceedings while it...
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GAO Sustains Protest Where Agency’s Rapid-Fire Amendments Left Offerors No Fair Opportunity to Compete
Article by: Rory Hatch, Associate GAO’s recent sustain, Effective Communication Strategies, LLC; Corps of Engineers, serves as a reminder that contracting officers have an affirmative obligation to give offerors a reasonable opportunity to respond to solicitation amendments, and that a flurry of same-day, weekend, and sub-hour deadlines does not satisfy that obligation. Protest Background...
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