On May 22, 2025, the United States Supreme Court released its opinion in Kousisis v. United States. The Kousisis opinion resolved a split of the federal circuits by finding that proof of economic loss by the government is not...more
In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the Plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more
On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more
5/29/2025
/ Constitutional Challenges ,
DBE Program ,
Department of Transportation (DOT) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Motion To Intervene ,
Preliminary Injunctions ,
Trump Administration
The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research.
The GSA provided the following explanation of the changes to FAR Part...more
On Tuesday, May 20, 2025, the Department of the Interior hosted a Tribal Consultation on Workforce Efficiency and Productivity (EO 14210) and Emergency Permitting Procedures to Strengthen Domestic Energy Supply in Anchorage,...more
On April 9, 2025, the Center for Indian Country Development published an interesting report on the impact of contract consolidation/bundling by the federal government on Native-owned government contractors.
In Executive...more
On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following:
1. How the 8(a)...more
The United States General Services Administration (“GSA”) has launched a “Revolutionary FAR Overhaul” webpage, at https://www.acquisition.gov/far-overhaul (the “FAR Overhaul”), to provide guidance as federal agencies...more
On April 14, 2025, the United States Department of the Interior announced a series of Tribal Consultations. The purpose of the consultations is to address the new administration’s goal of “working to enhance government...more
On April 15, President Trump issued two new executive orders that will have a direct impact on federal contractors:
- Restoring Common Sense To Federal Procurement directs federal agencies to eliminate from the FAR any...more
4/17/2025
/ Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
OMB ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Small Business ,
Trump Administration
The deadline to submit comments in response to the OMB’s solicitation is May 12, 2025.
On April 11 the Office of Management and Budget published a request that interested parties “identify rules to be rescinded and provide...more
4/15/2025
/ Deadlines ,
Deregulation ,
Executive Orders ,
Filing Deadlines ,
Government Agencies ,
OMB ,
Public Comment ,
Regulatory Agencies ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidance to clarify what it regards as “discriminatory” DEI programs. The EEOC’s guide for employees is titled “What To Do If You Experience...more
On March 14, President Trump issued a new Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions.” In this order, the President rescinded eighteen prior Executive Orders or presidential...more
On January 15, the Department of Defense, GSA, and NASA published proposed rules that would implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. The Act was enacted on December 27, 2022....more
3/10/2025
/ Conflicts of Interest ,
Contractors ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Government Agencies ,
NASA ,
Proposed Rules ,
Regulatory Requirements ,
Risk Management
On March 2, 2025, the U.S. Treasury Department announced that it currently does not intend to enforce any penalties or fines associated with any current reporting deadlines under the Corporate Transparency Act (CTA) or the...more
On February 21, Judge Adam B. Abelson of the United States District Court for the District of Maryland issued a preliminary injunction that temporarily bars the Trump administration from implementing major portions of two...more
3/4/2025
/ Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Free Speech ,
Maryland ,
Popular ,
Preliminary Injunctions ,
State and Local Government ,
Trump Administration
On January 31, the Trump Administration issued Executive Order 14912, titled “Unleashing Prosperity Through Deregulation” (the “Regulatory EO”), the purpose of which is to “promote prudent financial management and alleviate...more
Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more
2/18/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Compliance ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
State Attorneys General ,
Trump Administration
Federal government agencies propound small business contracting goals that guide other agencies with regard to how much of their contracting dollars should be awarded to small businesses. The SBA conducts an annual review and...more
The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more
On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more
2/7/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Injunctions ,
Minimum Wage ,
SCOTUS ,
Texas ,
Trump Administration ,
Wage and Hour
On the President’s first day in office, January 20, the White House released Executive Order 14153, titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The Alaska EO states that:
The State of...more
2/7/2025
/ Alaska ,
Alaska Native Claims Settlement Act (ANCSA) ,
Bureau of Land Management ,
Department of the Interior ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
Mineral Leases ,
Mining ,
Oil & Gas ,
Public Land ,
Regulatory Reform ,
Trump Administration
On January 20, President Trump issued an executive order titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The order reverses decisions by the Biden administration to limit energy resource...more
1/31/2025
/ Alaska Native Claims Settlement Act (ANCSA) ,
Biden Administration ,
Department of the Interior ,
Energy Policy ,
Executive Orders ,
Natural Gas ,
Natural Resources ,
Oil & Gas ,
Regulatory Reform ,
Tribal Lands ,
Trump Administration
On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopted many of the changes SBA...more
1/30/2025
/ Amended Rules ,
Compliance ,
Eligibility Determination ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Regulatory Requirements ,
SBA ,
Small Business
Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more