Morgan Lewis Government Contractor Guidebook

Recent developments in government contracting highlight questions surrounding federal court jurisdiction over grant-related disputes and a significant international agreement that could create future opportunities for the US nuclear industry. The latest updates include two court decisions addressing the line between Administrative Procedure Act (APA) challenges and Tucker Act contract claims, as well as a new civil nuclear cooperation agreement between the United States and Saudi Arabia.

Recent developments in government contracting highlight significant changes affecting cybersecurity compliance, defense industry consolidation, contract disputes, and federal grant conditions. The latest updates include the Department of War’s decision to delay implementation of the next phase of the Cybersecurity Maturity Model Certification program, continued Department of Justice scrutiny of mergers in the defense industrial base, an Armed Services Board of Contract Appeals ruling on the public availability of Board decisions, and a federal court injunction blocking enforcement of certain DEI-related grant conditions.

Recent developments in government contracting highlight continued regulatory modernization, evolving artificial intelligence policy, and bid protest guidance on small business participation requirements. The latest updates include changes to the Cost Accounting Standards (CAS), a new executive order directing agencies to design a voluntary framework for federal engagement with developers of covered frontier models, and a Government Accountability Office (GAO) decision addressing how agencies calculate small business participation under solicitation requirements.

Recent developments in government contracting highlight important updates in bid protest jurisdiction, national security enforcement, and cybersecurity compliance. This includes a Government Accountability Office decision clarifying the limits of its protest jurisdiction, the US Department of Justice’s first National Security Division declination under its revised corporate enforcement policy, and a proposed Federal Acquisition Regulation rule that would establish governmentwide requirements for safeguarding and reporting Controlled Unclassified Information.

Recent developments in government contracting highlight continued procurement reform, evolving False Claims Act (FCA) enforcement, and significant litigation affecting bid protests, labor cost recovery, and protection of contractor intellectual property. The latest updates include the first proposed rules under the FAR Council’s Revolutionary FAR Overhaul, new US Department of Justice (DOJ) initiatives leveraging artificial intelligence in fraud enforcement, a Federal Circuit decision reinforcing bid protest timeliness requirements, and two contractor disputes involving labor costs and trade secrets.

Recent developments in government contracting highlight growing federal attention to artificial intelligence (AI) governance, technology supply chain security, domestic industrial capacity, and contractor compliance obligations. The latest updates include new General Services Administration (GSA) rulemaking affecting information and communication technology (ICT) acquisitions, a significant Department of Defense (DoD) investment in domestic rare earth processing, and two Department of Justice (DOJ) settlements reinforcing continued enforcement priorities in the small business and cybersecurity arenas.

Recent developments in government contracting highlight the administration’s evolving approach to artificial intelligence, continued scrutiny of DEI initiatives, and ongoing implementation of Executive Order 14398. The latest updates include a new national security policy memorandum on AI adoption, a proposed Small Business Administration rule affecting 8(a) eligibility, an Office of Management and Budget directive concerning federal funding of certain nonprofit organizations, and litigation challenging the administration’s DEI-related contractor requirements.

The US Department of Justice (DOJ) is changing how it reviews certain False Claims Act (FCA) whistleblower cases, and organizations participating in federally funded benefits programs should take notice.

With the US Supreme Court’s 2025–2026 term nearing its conclusion, several recent decisions have already emerged as important developments for government contractors. Although arising in different contexts, three rulings this term address the boundaries of contractor liability and the circumstances under which contractors may invoke federal protections when facing litigation. The decisions underscore a common theme: contractors are most likely to receive legal protection when they can demonstrate a clear connection between the challenged conduct and specific government direction or authorization.

As the US government expands procurement of commercial products and services, technology companies, from startups to established firms, have growing opportunities to sell to and collaborate with federal agencies.