Unfair by Design? Flaws in CPARS Disputes and What Needs to Change
The Contractor Performance Assessment Reporting System (CPARS) heavily influences who wins federal contracts, but its dispute process is anything but fair. Agencies can post their version of events—accurate or not—with little neutral oversight, while contractors get limited time to respond and few options for real correction. It’s time for reform. Independent reviews, temporary holds on disputed ratings, clear evidence rules, and enforceable deadlines would make CPARS more accurate and balanced. Lawmakers and industry leaders must act to make the CPARS . . . Read More
FASCSA Enforcement Begins: Acronis Order and What It Means for Federal Contractors
As PilieroMazza blogged about here , Federal Acquisition Supply Chain Security Act (FASCSA) Orders prohibit agencies from procuring or obtaining—or extending or renewing a contract to procure or obtain—any covered article, or any good or service produced or provided by a source. [1] The first FASCSA Order (Order) published on SAM.gov was released in September 2025 by the Office of the Director of National Intelligence (ODNI) excluding Acronis AG (Acronis), a Swiss-based cybersecurity company, from all Intelligence Community (IC) executive agency procurement actions as well . . . Read More
FAR Part 19 Overhaul: What It Means for the 8(a) Program
On September 26, 2025, the Federal Acquisition Regulatory (FAR) Council released the FAR Part 19 model deviation text, significantly reorganizing the Part’s overall structure. The updated FAR Part 19 not only streamlines the layout to align with the acquisition lifecycle but also revises key rules governing set-aside contracts awarded under various small business programs. One of the most notable areas affected is the 8(a) Business Development Program. This blog provides a more detailed analysis of recent changes to the FAR . . . Read More
FAR Part 19 Overhaul: What It Means for Size Recertification, M&A, and Contract Eligibility
When the FAR Council issued its long-awaited rewrite of FAR Part 19 as part of the Revolutionary FAR Overhaul, many in the government contracting community focused on headline issues like the preservation of the “Rule of Two” and the streamlining of small business policies. But tucked within the reorganization is one of the most impactful—and potentially disruptive—changes for contractors: the treatment of size recertification. While the new FAR attempts to simplify the rules by anchoring size status at the master contract level, it creates significant . . . Read More
Shutdown Showdown: Impact on Federal Contract Disputes
What happens to your contract administration disputes—such as termination settlement proposals (TSPs), requests for equitable adjustment (REAs), claims, and appeals—pending before Contracting Officers (COs), the Boards of Contact Appeal (BCAs), and the Court of Federal Claims (COFC) when the federal government shuts down? This question is especially relevant to the present shutdown, given the amount of terminations federal contractors are dealing with due to the change in administration and shifting government priorities in 2025. This blog provides a quick rundown of how the . . . Read More
Contracting Misstep Could be Costly: Court Clarifies Incorporation by Reference
A recent court decision delivers a stark warning to government contractors: failing to clearly include all the terms and conditions from your offer into the final contract could end up costing you. As this issue becomes increasingly common in federal contracting, the decision serves as a wake-up call for anyone drafting or negotiating government contracts. Background In Beacon Point Assocs., LLC v. Dep’t of Veterans Affairs, the Court of Appeals for the Federal Circuit examined whether the contractor’s quote—including its . . . Read More
Artificial Intelligence or Artificial Interference?: How AI is Reshaping Litigation for Better and Worse
Artificial intelligence (AI) is rapidly transforming the modern-day legal landscape, offering tools for research, drafting, document review, and jury selection, and even predicting case outcomes. If used correctly and with robust safeguards, some attorneys and litigants may benefit from the use of AI to streamline litigation projects. However, AI also can pose serious risks and dangerous pitfalls when misused or used without adequate quality control measures in place. Recently, for instance, dozens of attorneys have faced sanctions in federal court . . . Read More
OMB Seeks to Revise the Small Business Act – Another Shot at the Rule of Two
Concerns are mounting that the Revolutionary FAR Overhaul will eliminate the regulatory “Rule of Two” found in FAR Part 19. Now, the Office of Management and Budget (OMB) is going further—seeking to narrow the reach of the statutory Rule of Two by revising the Small Business Act. Specifically, OMB wants to change the requirement from applying to purchases “below the simplified acquisition threshold (SAT)” to applying only to purchases below “$250,000.” At the same time, OMB proposes raising the SAT . . . Read More
Could You Qualify as Small Under SBA’s Proposed Revisions to Receipts-Based Size Standards?
On August 22, 2025, the Small Business Administration (SBA) issued a proposed rule entitled “Small Business Size Standards: Monetary-Based Industry Size Standard,” which proposes to increase the size standard for 263 industries and retain the receipts-based size standards for 237 industries and sub-industries. A proposed rule for employee-based size standard will be published in the near future. SBA’s proposed changes may allow some GovCons to stay small longer—or even regain small business status. Knowing the correct size standard and calculation is critical . . . Read More
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 4
Government contractors, particularly small business contractors, often share that their experience with Alternative Dispute Resolution (ADR) is costly and inefficient. This may be true of traditional ADR involving paid neutrals or mediation services, as often found in binding arbitration clauses within subcontracts. However, the stated goals of ADR before the Boards of Contract Appeals (BCA) are informality, expedience, and inexpensiveness. Where settlement negotiations fail but both the government and the contractor are still interested in resolving the dispute before a . . . Read More