Our Blog

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 The Corps of Engineers (“Corps”...

On April 30, President Trump issued an Executive Order (EO), “Promoting Efficiency, Accountability, and Performance in Federal Contracting,” establishing a government-wide policy that fixed-price contracts, including performance-based variants, are the default and preferred method of procurement, and erecting new barriers to the use of cost-reimbursement contracts (also referred to in the EO as “non-fixed-price...

Article by: Paxton Ouellette, Associate In early 2026, the Defense Counterintelligence and Security Agency (“DCSA”) issued a stark warning: foreign intelligence entities are no longer relying primarily on cyber intrusions to access sensitive U.S. technology. Instead, they are increasingly targeting the cleared industrial base through ordinary business processes – especially hiring, recruiting, and professional...

Article by: Matthew Saliman, Associate A pending petition before the Supreme Court of the United States could reshape how courts analyze foreign sovereign immunity in arbitration enforcement actions, with meaningful implications for companies pursuing claims against state actors. The Issue: Jurisdiction vs. Arbitrability The dispute arises from efforts by Ukrainian energy companies to enforce...

Article by: Nicholas Hopkins, Associate If your business relies on staffing agencies, subcontractors, or vendors, you may be a “joint employer” of workers you didn’t hire. In practical terms, joint employer status determines when your company becomes legally responsible for another company’s workforce. A new proposed rule from the Department of Labor clarifies that...

Article by: Nicholas Hopkins, Associate In its recent Life Science Logistics, LLC v. United States decision, the Federal Circuit resolved an important question about the standard that applies to an agency’s attempt to override a Competition in Contracting Act (CICA) stay of contract award. The CICA Stay, and How the Government Can Override It...