Loser Pays: GSA Seeks to Extend New DoD Bid Protest Rules to Civilian Agencies
On July 17, 2026, the U.S. General Services Administration (GSA) submitted legislative proposals to Congress—two of which have important implications for government contractors and the bid protest system. First, GSA is requesting Congress enact a “loser pays” bid protest rule for civilian agencies that is similar to the “loser pays” rule established for Department of Defense (DoD) bid protests to GAO in the Fiscal Year 2026 National Defense Authorization Act (FY26 NDAA). Second, GSA is seeking to raise the minimum . . . Read More
The GovCon M&A Playbook: The LOI Problem: How the Present Effect Rule Creates Affiliation Risk Investors and PE Buyers Aren’t Pricing In, Part 2
Private equity investors and strategic acquirers pursuing small business government contractors have largely absorbed one lesson from SBA’s 2025 recertification reforms. If a target has outstanding proposals for set-aside work, timing the close matters. Under SBA’s 180-day recertification rule, closing a transaction within 180 days of proposal submission can render a target ineligible for award if it cannot recertify as small. Close after day 180, and the target may remain eligible, but only for certain contracts. Single award set-aside contracts . . . Read More
Strategi Consulting : A Jurisdictional Win for SBIR Contractors
In Strategi Consulting LLC v. United States, the plaintiff alleged that the United States Air Force (“USAF” or “Agency”) improperly continued developing software derived from Strategi’s Phase II Small Business Innovation Research (“SBIR”) work through an affiliated agency organization rather than awarding Strategi a Phase III SBIR contract. The Court of Federal Claims denied the Government’s motion to dismiss for lack of jurisdiction, allowing the case to proceed. Although the court has not yet determined whether the USAF violated the . . . Read More
Competing at the Speed of Space: What Space Force’s Acquisition Shift Means for Government Contractors
Defense contracting is changing rapidly, and United States Space Force (USSF) procurements are no exception. In September 2025, Chief of Space Operations Gen. Chance Saltzman emphasized that USSF cannot afford to maintain the status quo of “chasing perfection” and instead must shift toward building “minimum viable capability.” For contractors, that message is important: winning future USSF work may depend less on proposing a fully mature, long-duration solution and more on showing that the company can deliver a usable, mission-ready capability . . . Read More
Not So Fast: Recent ASBCA Decision Highlights Government’s Burden Before Terminating a Contractor for Default
A recent decision from the Armed Services Board of Contract Appeals (ASBCA or Board) offers a useful reminder that the government must do more than point to performance problems when terminating a contract for default before completion. Although Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026) was issued under the ASBCA’s Small Claims/Expedited procedures and therefore lacks precedential value (previously explained in our blog series about how the Boards of Contract Appeals work), government contractors should still take note . . . Read More
Contract Claims 101: Claim Sponsorship, Part 7
Claim sponsorship is one of the most important and frequently overlooked aspects of federal subcontracting. Because subcontractors generally lack privity of contract with the Government, their ability to pursue recovery for government-caused impacts often depends entirely on the prime contractor’s ability and willingness to sponsor a Contract Disputes Act (CDA) claim on the subcontractor’s behalf. As a result, the subcontract’s claim and dispute provisions can significantly affect whether a subcontractor can obtain meaningful relief and whether a prime contractor can . . . Read More
When Does a CPAR Stop Mattering? GAO’s Latest Answer Is: It Depends
One of the most common questions government contractors ask after receiving a negative Contractor Performance Assessment Report (CPAR) is also one of the hardest to answer: “How long does a CPAR stay on my record?” Many contractors assume there is a simple answer. At some point, a CPAR becomes too old to matter, and agencies can no longer rely on it. In this blog, we examine a recent Government Accountability Office (GAO) protest decision that demonstrates why the answer is not nearly that simple and . . . Read More
Contract Claims 101: Common Construction Appeal Theories, Part 6
While Parts 4 and 5 of this series explored both common and less common theories available to contractors pursuing claims against the federal government, many of which can arise in the construction context, there are more nuanced theories that often , intersect with those more familiar claims involving changes, delays, or defective specifications, presenting distinct legal and evidentiary considerations for construction contractors. Success typically depends on a contractor’s ability to develop a well-documented record demonstrating how specific government actions, omissions, . . . Read More
Government Contractors and AI: Protecting Confidential Information and Privilege in Disputes
Artificial intelligence (AI) offers clear efficiencies, but government contractors should proceed with caution before inputting protected documents, confidential information, or dispute-related facts into consumer AI tools in the hopes that they will quickly analyze your dispute and provide a strategy for recovery or litigation. A prompt intended to save time may instead produce unreliable analysis, expose sensitive information, create compliance problems under the contractor’s legal and contractual obligations, or jeopardize privilege. This article highlights several reasons government contractors—especially those facing . . . Read More
Contract Claims 101: Uncommon Theories, Part 5
While it is likely only a matter of time before contractors working for federal agencies become familiar with the government contract claim issues discussed in Part 4 of our series (e.g., changes, delays, defective specifications, and terminations), it is equally important that contractors are also aware of the less common and often more difficult claim theories recognized by federal courts as well as boards authorized under the Contract Disputes Act (CDA). These claims are less common as they often flow . . . Read More