OMB Proposes Sweeping Changes to Federal Grant Regulations
In a proposed rule issued on May 29, 2026, the Office of Management & Budget (OMB) issued a proposed rule that would significantly revise OMB’s “Guidance for Federal Financial Assistance,” codified in title 2, subtitle A of the Code of Federal Regulations. The “Uniform Guidance,” as it is known, is the federal government’s rulebook...
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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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COFC Reminds Army to Sufficiently Document its Technical Evaluation to Allow Judicial Review
Article by: Nicholas Perry, Associate In a recent decision, Eleit Technology, Inc. v. United States & LogiCore Corp., No. 25-850 (January 9, 2026),the Court of Federal Claims enjoined an Army Aviation and Missile Command (“Army”) blanket purchase agreement order after finding that the Army’s technical evaluation failed to provide the level of explanation required...
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Understanding the New Executive Order Targeting “Underperforming” Defense Contractors
In an Executive Order issued on January 7, 2026, entitled “Prioritizing the Warfighter in Defense Contracting,” President Trump announced a new effort to identify suppliers of critical weapons and equipment that are underperforming on their contracts and, simultaneously, engaged in stock buy-backs or corporate distributions. According to the President, this new effort will focus...
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Corruption, Contracts, and Terrorism Financing: The D.C. Circuit Clarifies ATA Risk
Recent litigation in the D.C. Circuit highlights the growing legal risks facing companies operating in conflict-affected and high-corruption environments, particularly where commercial activity intersects with terrorist financing concerns. In Atchley v. AstraZeneca UK Ltd., the court revived claims under the Anti-Terrorism Act (“ATA”) alleging that pharmaceutical and medical equipment companies indirectly financed terrorist attacks...
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GAO Sustains Protest Over CIA’s Faulty Cost Realism Evaluation
In a recent bid protest decision, Markon LLC, B-423767-.4, December 12, 2025, the Government Accountability Officer (GAO) delivered a pointed reminder about the limits of agency discretion in cost realism evaluations. In this case, which involved a solicitation for business operations, information technology engineering support, and business enterprise modernization services, the Central Intelligence Agency...
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