A recent decision by the U.S. Court of Federal Claims (“COFC”) serves as an important reminder that forum selection under the Contract Disputes Act (“CDA”) can have consequences that extend beyond a single appeal. In Gilbane Federal v. United States, 182 Fed. Cl. 177 (2026), the Court transferred a contractor’s claim to the Armed
CAS Board Rolls Out Two Changes with Significant Impact on Federal Contractors
On September 1, 2026, the Cost Accounting Standards (“CAS”) Board published two final rules implementing seismic changes to cost accounting requirements for federal government contractors. The most significant change implements a requirement in last year’s National Defense Authorization Act (“NDAA”), doubling the dollar value threshold for full coverage under CAS. These changes take effect on…
Discovery Fraud Comes at a Price: CBCA Dismisses Contractor’s Monetary Claim as a Sanction
The Civilian Board of Contract Appeals (“CBCA” or the “Board”) recently issued a stark reminder that discovery misconduct can be case-dispositive. In Venergy Group, LLC v. Department of Veterans Affairs, the Board dismissed a contractor’s $4.2 million affirmative claim after finding that financial statements produced during discovery had been intentionally manipulated to support larger…
SBA Proposes Overhaul of Size Standards That Would Reclassify Tens of Thousands of Contractors as “Small”
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…
SBA Finalizes Changes to the 8(a) Program’s Social Disadvantage Requirements
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 several clarifications in response to…
DSCA Expands FMF Eligibility for Direct Commercial Contracts
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, and under the new guidance,…
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…
The $10 Million TINA Threshold Is Now in Effect: What Contractors and Subcontractors Need to Know
By Michael Pierce & Nooree Lee
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…
Department of Energy Selects 278 Genesis Mission Projects
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…
ASBCA Denies Unprecedented Request to Keep Decision Out of Public View
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…