On August 20, 2026, the U.S. Small Business Administration (“SBA”) issued a proposed rule that would reset small-business size standards across the economy and a companion white paper proposing a new methodology for calculating them. The proposed rule—Small Business Size Standards, 91 Fed. Reg. 53,741—would establish new size standards for 338 industry groups and industries. The accompanying white paper—Revised Size Standards Methodology, 91 Fed. Reg. 54,096—supplies the analytical framework SBA used to derive the standards in the proposed rule. Notably, SBA calculated the proposed standards using a methodology that is itself out for notice-and-comment, with both comment periods closing the same day, September 21, 2026.

Continue Reading SBA Proposes Overhaul of Size Standards That Would Reclassify Tens of Thousands of Contractors as “Small”

On August 11, 2026, the Small Business Administration issued a final rule that fundamentally alters how individuals may qualify as “socially disadvantaged” under the 8(a) Business Development Program.  Although the final rule largely follows the proposed rule from June 2026, which we previously wrote about here, the SBA added…

Continue Reading SBA Finalizes Changes to the 8(a) Program’s Social Disadvantage Requirements

Earlier this year, the Defense Security Cooperation Agency (“DSCA”) issued updated policy guidance implementing a significant expansion of the universe of countries authorized to use Foreign Military Financing (“FMF”) for direct purchases of U.S. defense items.  Previously, only ten countries were eligible for use of FMF for direct commercial contracting…

Continue Reading DSCA Expands FMF Eligibility for Direct Commercial Contracts

A recent Court of Federal Claims (“COFC”) decision shows that with the right facts, the government’s failure to award a follow-on Small Business Innovation Research Program (“SBIR”) contract can be challenged at COFC.

In Strategi Consulting, LLC v. United States, the protester, Strategi, alleged that the Air Force improperly failed to award Strategi a Phase III contract for its SBIR work while assigning that Phase III work to other contractors.  The Air Force moved to dismiss, asserting that (1) there was no “procurement” and therefore COFC lacked jurisdiction under the Tucker Act, (2) the protest was barred by the Federal Acquisition Streamlining Act (“FASA”) because it related to a task order award, and (3) Strategi’s arguments lacked redressability. 

Continue Reading COFC Finds Jurisdiction Over SBIR Protest

Last December, we previewed the significant cost accounting and pricing data disclosure changes contained in the Fiscal Year 2026 National Defense Authorization Act (“NDAA”), including Section 1804(c)’s increase to the threshold governing the Truthful Cost or Pricing Data Statute (formerly the Truth in Negotiations Act, and still commonly called “TINA”).  That change is no longer on the horizon: it is here.  The FY 2026 NDAA was signed into law on December 18, 2025, and the higher TINA threshold has taken effect for contracts entered into after June 30, 2026. This post focuses on what that means, in practical terms, for prime contractors and subcontractors.

Continue Reading The $10 Million TINA Threshold Is Now in Effect: What Contractors and Subcontractors Need to Know

Over the last month, we have issued multiple client alerts outlining developments related to the Chinese military company covered lobbyist prohibition enacted by Section 851 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2025, codified at 10 U.S.C. § 4663. This is a follow-up to…

Continue Reading Defense Department Publishes Guidance Page Concerning Restrictions on Defense Contractors Retaining Outside Consultants

As we covered in our previous blog post, the Department of Energy (“DOE”) has launched the “Genesis Mission” to apply AI technology to a wide variety of scientific and technological challenges.    

Last week, DOE announced it had selected 278 Genesis Mission projects for potential awards.  The selected projects span nuclear energy, quantum computing, advanced manufacturing, and materials science, among other areas.  According to DOE, the largest selection is a three-year, $60 million nuclear energy project involving 32 partner entities, including 4 national labs and more than 20 industry partners.

Continue Reading Department of Energy Selects 278 Genesis Mission Projects

The Chinese military company covered lobbyist prohibition enacted by Section 851 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2025, codified at 10 U.S.C. § 4663, took effect on June 30, 2026. Just before that date, the Department of Defense took steps to implement the…

Continue Reading Regulations Issued for New Restrictions on Defense Contractors Retaining Outside Consultants

The Armed Services Board of Contract Appeals (the “ASBCA” or “Board”) recently rejected an unprecedented request from the U.S. Army Corps of Engineers (the “Corps”) to withhold publication of a Board decision on the merits in a construction delay appeal brought by KiewitPhelps.  In a decision issued on June 25, 2026 (released publicly on July 16, 2026), the Board held that it was bound by the Freedom of Information Act (“FOIA”) and its own rules to publish the decision, and that the Corps had not demonstrated a basis for overcoming that requirement.  This decision is noteworthy not only because the Board found no legal basis to suppress the opinion, but also because, as the Board observed, such a request had never before been directly presented to the Board.

Continue Reading ASBCA Denies Unprecedented Request to Keep Decision Out of Public View

As part of the Revolutionary FAR Overhaul, the FAR Council has issued a proposed rule to revise FAR Part 49, Termination of Contracts, that would significantly accelerate the timeline for submitting termination settlement proposals following a termination for convenience.  Under the proposed rule, contractors would be required to submit termination settlement proposals to the contracting officer within 90 days after termination—nine months earlier than the current one-year deadline.  According to the FAR Council, the change is intended “to improve the efficiency of the settlement process by addressing delays experienced under the current framework.” 

Continue Reading FAR Council Proposes 90-Day Deadline for Termination Settlement Proposals