Topics

Antitrust

DOJ’s New Policies Encourage Voluntary Self-Disclosure, Compensation Tied to ComplianceContractors: get ready for the new DOJ anti-trust task force!

Bid Protests

A Primer on Agency-Level Protests of Federal Procurements – Part IIA Primer on Agency-Level Protests of Federal Procurements – Part IAbilityOne Program Nonprofit Agencies Have Standing To Challenge Federal Agency Procurements That Violate Mandatory Provisions Of The JWOD Act

Buy American Act

Federal Highway Administration Rescinds Longstanding Waiver for Manufactured ProductsFederal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction Materials” for Federal Grants and AgreementsProposed FAR Amendments to Buy American Act Increase Competition for Federal Contracts and the Supply Chain

Claims and Disputes

Privity Required: Tenant at a Government-Owned, Contractor-Operated Facility Lacked the Contractual Relationship Necessary to Assert a Claim Against the U.S. ArmyContractor Rights and Remedies in a Shutdown of Extraordinary LengthDusting off the Government Shutdown Playbook

Compliance

Understanding FAR 52.222-90 “Addressing DEI Discrimination by Federal Contractors” -- Federal Agencies Incorporating New DEI Clause into Government ContractsNew Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple AgenciesDOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026

Construction Contracting

The Difference between Differing Site Conditions and Superior KnowledgeASBCA Finds COVID Mitigation is a Sovereign ActHow a reservation of rights can affect the outcome of a dispute on a government contract

Contract Administration

Understanding FAR 52.222-90 “Addressing DEI Discrimination by Federal Contractors” -- Federal Agencies Incorporating New DEI Clause into Government ContractsNew Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple AgenciesDOE Office of Science Adds Diversity, Equity and Inclusion Requirement to Solicitation Process

Cost Issues

Dusting off the Government Shutdown PlaybookRecent SIGAR Reports Highlight Ongoing Oversight Role“Vernon’s got prospects. He’s bona fide.” — Understanding the Covenant Against Contingent Fees

COVID-19 Pandemic

ASBCA Finds COVID Mitigation is a Sovereign ActGeorgia Court Blocks Federal Contractor Vaccine Mandate NationwideUPDATE: Federal Contractor-Specific COVID-19 Workplace Safety Guidance Issued By The Safer Federal Workforce Task Force

Cybersecurity

DOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026CMMC Day and a Break in the Senate LogjamNew DoD Cybersecurity Requirements Near Implementation

Davis-Bacon Act

New Davis-Bacon and Related Acts Regulations to Expand DOL AuthorityEgregious Davis Bacon Act Violations Can Lead To Criminal ConvictionsThe Biden Infrastructure Plan and The Davis Bacon Act

Defense Production Act

DOE Considers Using the Defense Production Act to Increase Output and Deployment of Clean Energy TechnologiesContractor FAQs on the Defense Production Act

ESG Strategy & Compliance

Civil Rights Fraud Investigations of DEI Programs Have BegunDOJ Issues Sweeping Guidance on “Illegal DEI” Under Executive Order 14173Government Contracting Implications of Texas Senate Bill 19: Navigating State Regulation of Corporate Firearm Policies

False Claims Act

New Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple AgenciesDOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026Civil Rights Fraud Investigations of DEI Programs Have Begun

Freedom of Information Act

OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential InformationWhat the Lance Armstrong settlement agreement tells us about the Government’s caseThe Ninth Circuit sides with DOD on Sikorsky small business subcontract data

Funding Shortfalls (Sequestration & Shutdown)

Contractor Rights and Remedies in a Shutdown of Extraordinary LengthNavigating WARN Act Compliance Amid Government Shutdown and Federal Contract Cancellations: What Federal Contractors Need to KnowDusting off the Government Shutdown Playbook

Grants

Civil Rights Fraud Investigations of DEI Programs Have BegunWhat to Know About the Executive Order on “Improving” Federal Grantmaking

Healthcare

DOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026Civil Rights Fraud Investigations of DEI Programs Have BegunHusch Blackwell Launches New FCA-Themed Podcast

Intellectual Property

Will e-commerce portals replace the Federal Supply Schedules?FDA breaks with SBA on small business affiliationPostal Service sued for using "sexier" Statue of Liberty on stamp

Labor & Employment

Understanding FAR 52.222-90 “Addressing DEI Discrimination by Federal Contractors” -- Federal Agencies Incorporating New DEI Clause into Government ContractsNew Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple AgenciesCivil Rights Fraud Investigations of DEI Programs Have Begun

Litigation

DOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026Civil Rights Fraud Investigations of DEI Programs Have BegunHusch Blackwell Launches New FCA-Themed Podcast

New FAR Rules

Understanding FAR 52.222-90 “Addressing DEI Discrimination by Federal Contractors” -- Federal Agencies Incorporating New DEI Clause into Government ContractsFAR Council Publishes Update to Small Business Subcontracting RegulationsNew Proposed Rule Seeks to Implement Accelerated Payments to Small Business Contractors Across the Government

OFCCP

New Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple AgenciesThe Impact of the Upcoming Closure of OFCCPWhite House Revokes EO 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination Laws

Organizational Conflicts of Interest

DOD's Final OCI Rules Not as Broad as Proposed

Past Performance

Is incumbency a golden ticket to strong past performance? TRICARE's $58 billion managed care support contractsContractor appeals of negative past performance evaluationsThe correlation between contractor claims and past performance

Postal Service Contracting

Transportation Companies Dominate List of Top U.S. Postal Service SuppliersContractors: get ready for the new DOJ anti-trust task force!Government contractor pleads guilty to fraud for paying drivers as independent contractors

Public-Private Partnerships

Privity Required: Tenant at a Government-Owned, Contractor-Operated Facility Lacked the Contractual Relationship Necessary to Assert a Claim Against the U.S. ArmyHow MHPI developers can defend against class actions for environmental contaminationThe 2017 NDAA brings privatization and cost-savings incentives to TRICARE

Qui tam litigation

DOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026Civil Rights Fraud Investigations of DEI Programs Have BegunDOJ Issues Sweeping Guidance on “Illegal DEI” Under Executive Order 14173

Schedule Contracts

A Reminder That Bad Weather is Not Always An Excusable Delay In Federal ContractsWill e-commerce portals replace the Federal Supply Schedules?When can a contractor protest a task order at GAO?

Small Business

The Real Impacts of DOT’s Interim Rule on DBE EligibilityThe Future of Small Business in Federal ContractingSet Asides Will Now Apply to Overseas Procurements

State and Local Procurement Law

Civil Rights Fraud Investigations of DEI Programs Have BegunFour steps to winning an Arizona bid protestWhy getting the wrong result in arbitration may be what you bought

Subcontracting

Privity Required: Tenant at a Government-Owned, Contractor-Operated Facility Lacked the Contractual Relationship Necessary to Assert a Claim Against the U.S. ArmyThe Impact of the Upcoming Closure of OFCCPNondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued

Suspension and Debarment

New Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple AgenciesA primer on Suspension and DebarmentThe fate of "Fair Pay and Safe Workplaces" under President Trump

Termination for Convenience

ASBCA Finds COVID Mitigation is a Sovereign ActTerminations for Convenience Clauses vs. Mutual Termination Clauses: What are the Limits on the Government’s Right to Terminate?Can you be forced to sign this contract modification?

Trade Agreements Act

Proposed FAR Amendments to Buy American Act Increase Competition for Federal Contracts and the Supply ChainFederal Circuit weighs in on Trade Agreements Act compliance and the meaning of “manufacture”Big changes to the Buy American Act are coming—will they matter?

Trade Secrets

Six contracting policy changes in the FY 2015 National Defense Authorization ActApplying FOIA exemptions to contractor information in FAPIISContractor political contributions as a factor in contract award decisions

Uncategorized

Husch Blackwell Publishes Eighth Annual Project Perspectives ReportGSA’s Expanded Role in Purchasing of “Common Goods and Services” under Executive Order 14240Executive Order 14240 Shifts Information Technology Purchasing to GSA