GovConBrief

President Trump has already signed more than 50 Executive Orders, reshaping policies, undoing previous administrations’ actions, and reinstating measures from his first term. One of the big ones ends a requirement that has been in place since 1965 for contractors to adopt affirmative action plans. But what about the others? Let’s dive in. Ending DEI Policies Highlighting the need for “merit-based” practices, President Trump signed a series of orders aimed at dismantling diversity, equity, and inclusion (DEI) policies and programs within the federal government. One executive order told the Office of Management and Budget (“OMB”) to “coordinate the termination of all…

One week into President Trump’s second term, we’ve seen a bevy of executive actions aimed at reshaping the federal government. Among them is an Executive Order that changes previously-existing affirmative action requirements.

As 2025 approaches, the FAR Council has released its proposed adjusted acquisition thresholds. The proposed adjustment increases the thresholds to account for inflation and the Consumer Price Index. The most heavily used thresholds affected by the proposed increase are the micro-purchase threshold (MPT) and the simplified acquisition threshold (SAT). While the proposed adjustment affects several acquisition thresholds, it is important to note it does not apply to the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standard statute, performance and payment bonds, or trade agreement thresholds. What is the Micro-Purchase Threshold? The proposed rule increases the MPT from…

The SBA dropped a bombshell proposed rule last week that it estimates could result in an additional $6 billion in government contract task or delivery orders going to small businesses. The rule would confirm that the the advantageous (though occasionally maligned) Rule of Two applies to competitions under multiple award contracts (MACs).

Last week, a federal contractor, Avant Assessment, LLC, found themselves in a Catch-22. Avant had filed a complaint at the Court of Federal Claims renewing a previous claim on new information. Avant earned an early tactical win when it defeated a motion to dismiss. However, that win directly led to dismissal of the case. We’ll explain. The Federal Contractor’s Claim The Court of Federal Claims dismissed Avant’s claim for lack of jurisdiction. Avant based its arguments on newly presented facts brought to light in previous litigation that Avant was arguing before the Armed Services Board of Contract Appeals. There, Avant…

Introducing “Behind the Desk”—a blog series where we peel back the professional facade and delve into the unique personalities that make our law firm shine. From the quiet disruptors to the office comedians, “Behind the Desk” promises to be a captivating journey into the heart and soul of our team.  Join us as we spotlight the incredible individuals who bring their passion, quirks, and expertise to the workplace every day.  Meet John!   When asked to describe John in one word, his officemates describe him as contemplative, intentional, virtuous, genuine, compassionate, and a stalwart. John is a great asset to our…

Given the advancements of the past year, you might be wondering: Can federal contractors trust AI to interpret regulations? We tested it. You be the judge.

Being competitive begins with understanding the ground rules of the game being played. In federal contracts, competitive ground rules are established by the solicitation. A duo of protest and appeal options provide powerful tools to influence the competitive ground rules and improve competitive standing. NAICS Code Appeals In one of the more masterful displays of bureaucracy, the Small Business Administration (“SBA”) leveraged the Census Bureau’s North American Industry Classification System (“NAICS”) codes to assign a corresponding size limit to each industry. These thresholds establish bright-line limits on size. Exceed the size standard by as little as a dollar, and the…

Ian Patterson was quoted in a LAW360 article by Daniel Wilson this week centered around a proposal that would eliminate price as a consideration in IDIQ contracts. “I think that, messy as it may be, there is a value in the federal procurement system havingvarious escape hatches to review decision-making,” said Ian Patterson, a member at governmentcontracts boutique Schoonover & Moriarty LLC. “And if you’re going to be cutting that off, I haveconcerns about what the implications of that may be down the road.” Several other attorneys in the know also voiced their reactions and thoughts. Read more here.

A new lawsuit challenges the constitutionality of a federal Disadvantaged Business Enterprise (“DBE”) program. One can’t help but wonder if this is a dry run for an 8(a) Program challenge. The ripple effects of the U.S. Supreme Court’s affirmative action decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (“SFFA”) continue to take effect in the small business contracting world. In a recent complaint filed with the Eastern District of Kentucky, Mid-America Milling Company, LLC has challenged DOT’s DBE program. Mid-America alleged that DOT’s presumption of a social disadvantage based on gender and/or race constitutes unconstitutional discrimination. Specifically,…

If you’re anything like me, GAO’s bid protest annual report had you thinking there must be some reason for a much higher than usual sustain rate (31 percent). So why was GAO’s 2023 sustain rate so high? One word, er, acronym: CIO-SP4.

$8.07 billion. This is the number of total contract obligations awarded in 2023 by the Department of Interior (DOI) and the Bureau of Indian Affairs (BIA). While $2.67 billion of these obligations were awarded to Indian Economic Enterprises (IEEs) and Indian Small Business Economic Enterprises (ISBEEs), only $615.5 million (7.6%) of these obligations were set-aside under the Buy Indian Act for IEEs and ISBEEs to bid on. The Buy Indian Act is a century-old federal law that aims to specifically promote economic development in Native American communities. It does this by “requiring” certain federal agencies to give preference (i.e., set-aside or sole…