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
COFC Finds Jurisdiction Over SBIR Protest
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 ProtestSBA’s Proposed Update to the 8(a) Business Development Program: A New Approach to Social Disadvantage
On June 11, 2026, the Small Business Administration (“SBA”) published a proposed rule that would fundamentally alter how individuals qualify as “socially disadvantaged” under the 8(a) Business Development Program (“8(a) BD Program” or “Program”). The comment period will be underway until July 13, 2026.
This five-page proposed rule states that it aims to align the 8(a) BD Program with constitutional and statutory requirements and remedy what it characterizes as the discriminatory effect of the program in the past.
Continue Reading SBA’s Proposed Update to the 8(a) Business Development Program: A New Approach to Social DisadvantageProposed Rule Would Fundamentally Impact Federal Grant and Financial Assistance Framework
On May 29, 2026, the Office of Management and Budget (“OMB”), together with several other federal agencies, published a proposed rule that would fundamentally change many aspects of the regulations in 2 CFR Part 200 governing federal financial assistance awards, including grants, cooperative agreements, loans, and loan guarantees. The comment period will be underway until July 13.
The 412 page proposed rule states that it is aimed at increasing transparency, accountability, and oversight in federal financial assistance. It provides examples of “the types of wasteful spending” that it is meant to target, including recipients “potentially misus[ing] funds to provide services for illegal immigrants.”
While the proposed rule contains numerous changes, this post highlights some of the most notable.
Continue Reading Proposed Rule Would Fundamentally Impact Federal Grant and Financial Assistance FrameworkThe New Executive Order on “Promoting Efficiency, Accountability, and Performance in Federal Contracting”: What Federal Contractors Need to Know
On April 30, 2026, President Trump issued an Executive Order (EO) titled, “Promoting Efficiency, Accountability, and Performance in Federal Contracting.” This EO directs agencies to make fixed-price contracts the default form of contracting, and requires agency officials to execute written justifications to use other forms of contracting. Of particular note for large contractors, the EO directs that, “[w]ithin 90 days of the date of this order, each agency head shall review and, to the maximum extent practicable and consistent with law, seek to modify, restructure, or renegotiate its 10 largest non-fixed-price contracts by dollar value . . . to facilitate use of fixed prices and performance-based incentives for contract deliverables to the maximum extent practicable.”
Continue Reading The New Executive Order on “Promoting Efficiency, Accountability, and Performance in Federal Contracting”: What Federal Contractors Need to KnowNew “Addressing DEI Discrimination” Executive Order: What Federal Contractors Need to Know
On March 26, 2026, President Trump issued an Executive Order (EO) titled “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of Executive Orders and related actions by the Administration targeting what it views as unlawful Diversity, Equity, and Inclusion (“DEI”) related practices. Most notable about
Continue Reading New “Addressing DEI Discrimination” Executive Order: What Federal Contractors Need to KnowGSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security
On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security. The proposed revision also addresses applicability in the event of an active injunction. Public comment is due by March 30, 2026.
Continue Reading GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National SecurityMassachusetts Seeks to Expand Defense Footprint with Nearly $47 Million in New Projects
Massachusetts aims to be the “cornerstone of the defense industry,” with Governor Maura Healey announcing nearly $47 million in government funding for defense-related projects. Last year, the Department of Defense ranked Massachusetts ninth out of the top ten states in total Defense spending in FY2023, and the state is aiming
Continue Reading Massachusetts Seeks to Expand Defense Footprint with Nearly $47 Million in New ProjectsExpired: SBIR/STTR and DPA Authorities in Limbo
Two cornerstone authorities for federal contracting quietly expired on September 30, 2025, creating ripple effects that contractors—small and large—cannot afford to overlook. The Small Business Innovation Research/Small Business Technology Transfer (“SBIR/STTR”) programs, commonly known as “America’s Seed Fund” for their role in fueling early-stage innovation, and the Defense Production Act
Continue Reading Expired: SBIR/STTR and DPA Authorities in LimboRevolutionary FAR Overhaul Seeks to Make Post-Award, Agency-Level Protests More Enticing
As part of the Trump Administration’s Revolutionary FAR Overhaul[1] (“RFO”), the FAR Council has released a model deviation for FAR Part 33 – Protests, Disputes, and Appeals, which includes changes that seem intended to make agency-level protests more appealing to disappointed offerors. It remains to be seen whether these proposed changes will have the desired effect, particularly in instances where a protester wishes to subsequently re-file at GAO.
Continue Reading Revolutionary FAR Overhaul Seeks to Make Post-Award, Agency-Level Protests More Enticing