Biggest FAR Overhaul in 40 Years
On August 15, 2025, the Office of Federal Procurement Policy (“OFPP”) at the Office of Management and Budget (“OMB”) announced the most sweeping changes that the Federal Acquisition Regulation (“FAR”) has experienced in the preceding four decades. The OMB is seeking to minimize the hoops contractors must jump through to work with the federal...
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GAO Addresses Potential Bid Protest Fee-Shifting Provision in Report to Congress
The GAO recently issued a report to Congress on potential changes to its bid protest function (the report was required by Section 885 of the FY 2025 National Defense Authorization Act). In one section, GAO addressed potential options for implementing a “loser pays” mechanism for bid protests challenging Department of Defense (“DoD”) procurement actions....
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GAO Decision Reminds Protesters They Cannot Delay Filing Until “Perfect Knowledge” of Protest Grounds
A recent GAO protest decision, Wright Brothers Aero, Inc., B-423326.2, July 7, 2025, provides contractors with a helpful reminder of the risks posed by delaying a protest, even if the contractor believes that they do not “definitively” know of a basis for protest. GAO’s Bid Protest Regulations contain strict rules regarding timeliness, and disappointed...
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Bid Protests at the Government Accountability Office (GAO)
Congress established the Government Accountability Office in 1921 to act as a source of objective, non-partisan information on government operations, most importantly, the executive branch. This authority extends to the review of federal government contracts—whether federally appropriated funds are being properly spent and whether procurements are being conducted fairly so as to bring the...
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Guide for Forming an 8(a) Native Hawaiian Owned Small Business
Are you a Native-Hawaiian Owned (“NHO”) business interested in applying for the Small Business Administration (“SBA”) 8(a) Development Program (“8(a) Program”)? Ward and Berry provides this brief informative guide as to the legal framework and regulations for becoming an NHO (as defined by the SBA) and applying for the 8(a) Program. Under 13...
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Proposed SBA Rule Would Drastically Change the Impact of Small Business Size/Status Recertifications
The SBA recently released a proposed rule that would bring significant changes to small business size and small business socioeconomic program (Woman-Owned Small Business Program, Veteran-Owned Small Business Program, etc.) recertifications. Such recertifications are especially important in the context of indefinite delivery/indefinite quantity (IDIQ) contracts, which contemplate the award of future task orders to...
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