Two years ago, we walked through the basics of Public Assistance (PA) arbitration before the Civilian Board of Contract Appeals (CBCA) in FEMA Public Assistance Arbitrations at the CBCA. Since then, FEMA has been operating under real strain: a large backlog of pending disaster declarations, an Office of the Secretary of Homeland Security review…

A federal judge in Massachusetts recently ordered the Department of Defense (DoD) to pay $450,447 in attorneys’ fees to the Association of American Universities (AAU), after finding that DoD’s now-defunct “Rate Cap Policy” was not just unlawful, but never substantially justified in the first place. The August 5, 2026, ruling in Association of American Universities…

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…

In ACC Construction Co., Inc., ASBCA Nos. 63528, 64067 (July 16, 2026), the Armed Services Board of Contract Appeals held that payment estimates withholding liquidated damages are not contracting officer final decisions — and do not start the Contract Disputes Act’s 90-day appeal clock — unless a properly authorized contracting officer signs them…

A new Government Accountability Office (GAO) report, DOGE Wall of Receipts: More Transparency Needed on How Savings Are Derived from Contract, Grant, and Lease Terminations (GAO-26-108615, Aug. 2026), takes a hard look at the $110 billion in purported contract, grant, and lease “savings” that the U.S. Department of Government Efficiency (DOGE) has publicized since…

The U.S. Department of Justice is signaling a significant escalation in federal fraud enforcement, and government contractors should take notice. In an August 13, 2026, memorandum titled “The Fraud Division’s Enforcement Priorities,” Assistant Attorney General Colin M. McDonald describes government procurement fraud as a “critical priority” for the Justice Department’s newly established National…

In a significant policy shift that will have immediate implications for the defense industrial base (DIB), the Department of Defense (DoD) announced on July 13, 2026, that it is suspending the implementation of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements. The announcement halts what would have been one of the most consequential cybersecurity…

The U.S. Department of Justice (DOJ) has once again reinforced a critical message for the federal contracting community: Cybersecurity compliance is no longer simply a contractual obligation. It is increasingly becoming a False Claims Act enforcement priority that can expose government contractors to significant financial liability.

In a recently announced settlement, a defense contractor…

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…

The U.S. Small Business Administration’s Office of Hearings and Appeals (OHA) recently issued a significant decision addressing due process, administrative records, and the evidentiary standards required for suspending a company from the SBA 8(a) Business Development Program. In ATI Government Solutions, LLC, SBA No. BDPT-728 (May 18, 2026), OHA remanded the proceeding after…