Photo of Steven C. Herrera

Steven Herrera is a senior attorney in the Construction and Government Contracts practice groups. His practice is primarily focused on U.S. government contracts and procurement law, particularly high-value procurements, billion-dollar litigation, and intricate bid protests.

If an agency used AI to evaluate your proposal, can you see that report? A recent Court of Federal Claims decision says yes, even if the agency claims it didn’t rely on it.

During an evaluation, the government used an AI platform to review offerors’ proposals and then argued that those AI findings did not…

October 1 marks the beginning of the federal government’s new fiscal year and, for government contractors, the start of a new cycle of contracting, funding, and compliance activity. After the heightened procurement activity that often accompanies the September 30 fiscal year-end, contractors should use the beginning of the new fiscal year to assess their existing…

The Revolutionary Federal Acquisition Regulatory (FAR) Overhaul continues to move from concept to formal rulemaking. On September 18, 2026, the Federal Acquisition Regulatory Council published its second batch of proposed rules, including FAR Case 2026-003, which proposes revisions to FAR Parts 8, 12, 13, 15, 38, 44, 51, and related provisions and clauses in…

As September 30 approaches, government contractors enter one of the busiest periods of the federal procurement calendar. The end of the government’s fiscal year often brings a surge in contracting activity, including new awards, extensions, funding actions, modifications, and efforts to complete performance before appropriated funds expire or become subject to additional limitations.

For contractors…

Section 1806 of the National Defense Authorization Act for Fiscal Year 2026 fundamentally altered the Cost Accounting Standards (CAS) landscape by raising the statutory threshold for mandatory CAS coverage from $2.5 million to $35 million. On September 1, 2026, the Cost Accounting Standards Board published a Final Rule implementing that congressional change and making several…

On August 20, 2026, President Trump issued National Security Presidential Memorandum 17 (NSPM-17), establishing a new National Space Transportation Policy and replacing the policy that had governed federal space transportation since 2013. The goal is ambitious: By 2030, America must be capable of supporting more than 1,000 launches and reentries every year. For perspective…

In Veros Real Estate Solutions, LLC, B-423965.2, et al., July 22, 2026, the Government Accountability Office (GAO) sustained a protest challenging the Department of Veterans Affairs’ evaluation of the awardee’s past performance. For contractors, the decision is less about an isolated agency mistake than about how past-performance relevance is proved and challenged.

On July 20, 2026, President Trump signed Executive Order 14415 titled “Securing America’s Defense Supply Chains and Ensuring Domestic Acquisition of Critical Materials.” While the order initially focuses on critical minerals and other covered materials used in defense systems, its most consequential provisions extend well beyond those materials.

Instead, the executive order signals a broader…

The Armed Services Board of Contract Appeals (ASBCA) recently issued an important decision explaining when a federal agency may terminate a contractor for default before contract performance is complete. In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026), the board recognized that although the contractor may have committed numerous performance deficiencies, the…

On June 2, 2026, President Trump signed a sweeping executive order titled “Promoting Advanced Artificial Intelligence Innovation and Security,” signaling the administration’s latest effort to strengthen America’s leadership in artificial intelligence while addressing emerging cybersecurity and national security risks associated with advanced AI systems.

The executive order reflects the administration’s broader policy approach…