Recent developments in government contracting include a Court of Federal Claims ruling highlighting the importance of incorporating external documents into federal contracts, a Government Accountability Office decision examining the use of existing Federal Acquisition Regulation provisions alongside Revolutionary FAR Overhaul (RFO) deviations, and an aerospace and defense industry assessment on the government’s proposed critical minerals stockpile.
Morgan Lewis Government Contractor Guidebook
YOUR GUIDE TO THE ISSUES THAT MATTER TO GOVERNMENT CONTRACTORS
Recent government contracting developments include a potential milestone for governmentwide contractor cyber incident reporting requirements, the General Services Administration’s (GSA’s) identification of more than $13 billion in suspected procurement fraud, and the Army’s selection of contractors and installations for its Janus nuclear microreactor program.
Recent developments in government contracting include several significant court decisions affecting national security designations and bid protest practice. The latest updates include a US Court of Appeals for the District of Columbia Circuit decision requiring additional process before certain companies are designated as Chinese military companies, two US Court of Federal Claims decisions addressing when agencies may consider the experience and past performance of affiliated entities, and another Court of Federal Claims decision examining the level of analysis required to support a higher-priced best-value award.
Recent developments in government contracting include the Small Business Administration’s new framework for establishing social disadvantage under the Section 8(a) Business Development Program, a Government Accountability Office decision requiring the US Army to permit small business teaming under its Marketplace for the Acquisition of Professional Services procurement, Department of War efforts to simplify contractor accounting requirements, and the Financial Crimes Enforcement Network’s final rollback of Corporate Transparency Act reporting requirements.
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.