“In Scope” vs. “Out of Scope” Modifications: How GAO Explains The Difference

Posted on March 26, 2026 by Shane McCall

One of the perennially popular topics on SmallGovCon has been the question of what constitutes a modification to a contract that renders that modification “Out of Scope.” This post will explore a leading GAO decision that came out back in 2017, along with some recent updates on this same question.

An agency may modify a contract without having to deal with restrictions in the Competition in Contracting Act (CICA), so long as the the modification is deemed “in scope.” An “out of scope” modification, on the other hand, is improper–and may be protested at GAO.

In a leading bid protest decision, GAO denied a protest challenging an agency’s modification of a contract where the modification was within scope and of a nature that competitors could have reasonably anticipated at the time of award. In its decision, GAO explained the difference between an in scope and out of scope modification, including the factors GAO will use to determine whether the modification is permissible.

RES 2026 Conference: Rising Together, Las Vegas, NV, March 23-26, 2026

Posted on March 24, 2026 by Nicole Pottroff

The National Center for American Indian Enterprise Development (NCAIED) is Rising Together for the 2026 Reservation Economic Summit. The event features tribal leaders, members of Congress, federal agency representatives, state and local officials, and top CEOs on a national platform.

Our very own federal government contracts attorney and SmallGovCon contributor, Nicole Pottroff, is scheduled to be a panelist on the topic of Navigating the New Regulatory Landscape for Native-Owned Federal Contractors, Wednesday, March 25, 2026, 3:30 p.m.-4:20 p.m. – Milano Ballroom II, Caesars Palace. This panel will discuss ways organizations can navigate the changing regulatory rules in federal government contracting. If you are planning on attending this conference, please stop by and say hello to Nicole. Please use this link for more information about the conference and registration.

GAO Evaluation of CMMC Program and Important Information for Defense Contractors

Posted on March 20, 2026 by John Holtz

Back in October and November 2025, with the Department of Defense putting some finishing touches on the Cybersecurity Maturity Model Certification (“CMMC”) Program, we explored the contours of that program and what it means for contractors like you. During this same timeframe, we were not the only ones reviewing the CMMC Program. The GAO also has been in the process of conducting a review of the CMMC Program and recently released its findings. In a report titled, “Defense Contractor Cybersecurity: DOD Should Address External Factors That Could Impede Program Implementation,” GAO’s position on the CMMC Program is pretty clear: Good but needs tweaking. Today, we’ll take a look at those findings and how they might affect the CMMC Program going forward.

SmallGovCon Week in Review: March 16-20, 2026

Posted on March 20, 2026 by Nicole Pottroff

Happy Friday! Well, March Madness is off to an exciting start! Here at SmallGovCon, we have our brackets locked in and are having a lot of fun talking basketball. If you have a dog in the hunt, we hope you are enjoying the hopeful journey to the championship along with us. There’s nothing quite like this time of year—the buzzer-beaters, the unexpected upsets, and the camaraderie of cheering on your favorite picks. Whether you’re tracking every game or just in it for the fun, we hope you have a wonderful weekend and an absolutely “mad” March!

Turning to recent federal government contracting news, the NCAA tournament teams are clearly not the only ones applying some full court press right now. As you can see from this week’s articles, the federal government also continues to apply pressure in implementing its recent efficiency and consolidation-based initiatives. This includes: new HR services sharing from the OPM, seeking to streamline agencies’ back-office capabilities; new GSA goals to use acquisition as “a primary lever for Section 508 compliance”; the Army’s consolidation of its 120 Anduril contracts together into a single (potentially $20 billion) enterprise agreement; AI’s continued journey into various aspects of our federal procurement system; even some insight into DOGE itself, as well as its early days of pressure campaigns; and so much more. So, buckle up for some March Madness both on and off the basketball court!

GovCon FAQs: My Contract Was Terminated For Convenience, What Do I Do?

Posted on March 18, 2026 by Gregory Weber

“Hope for the best, prepare for the worst” is an adage that many of us repeat in our conversations, but we never expect the worst to actually happen. For federal contractors, one of the worst things that could happen is having a contract terminated–even if the termination is for convenience. Even if you prepare for the worst, the question inevitably becomes, what do I do now? In this GovCon FAQ, we will discuss terminations for convenience and what steps to take after receiving the dreaded termination notice.

Webinar Announcement: Protests in Federal Contracting: What Contractors Need to Know

Posted on March 17, 2026 by Shane McCall

Koprince McCall Pottroff LLC partner Nicole Pottroff will be joining the GovCon Roundup Crew to discuss bid protests tomorrow at March 18, 2026 at 1:00 PM Eastern Time. Be sure to join them to learn when a bid protest might be a strategic choice for federal contractors to make, and how to respond to bid protests.

Do you know your rights when the government gets procurement wrong? Join Nicole Pottroff, Carroll Bernard, and Steven Koprince on the next GovCon Roundup Live for a 90-minute deep dive into bid protests — one of the most powerful (and misunderstood) tools in federal contracting.

Back to Basics: GSA CTAs

Posted on March 16, 2026 by Nicole Pottroff

A “GSA CTA” is a special type of Contractor-Teaming Arrangement (CTA) used only for performing Government Services Administration (GSA) Multiple Award Schedule (MAS) contracts. As detailed in FAR subpart 8.4, Federal Supply Schedules (FSS), GSA CTAs provide a unique teaming opportunity solely for MAS contract-holders and a unique teaming structure somewhere in between FAR subpart 9.6‘s two standard federal contract teaming options: subcontracting and joint venturing. Let’s take a closer look.