Category Archives: Statutes and Regulations

Webinar Announcement: Regulatory Updates in Government Contracting, Nov. 18, 2025

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In this webinar, hosted by the El Paso Texas APEX Accelerators, government contracting attorneys and authors Shane McCall and John Holtz will discuss the most important legal developments for federal contractors in 2025. Specifically, they will discuss the many FAR changes, important new small business rules and processing for various SBA certifications, recent cases pertinent to federal contractors, and more. This presentation will help federal contractors stay up to date on current federal regulatory and legal changes. We hope you will join us!

Please register: Here

Overview of Recent Updates to Cybersecurity Requirements Under the CMMC Program (Part 1)

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On September 10, 2025, the Department of Defense (As all the documents we address use the Department of Defense naming, we will go by that to prevent confusion.) (DoD) implemented the acquisition rules for the Cybersecurity Maturity Model Certification program at DFARS subpart 204.75. This follows the federal government’s institution of the CMMC program last year (We explored this a bit with a review of the proposed rules some time before that and noted that initial rules have been in place since 2020.) These rules are present at 32 C.F.R. Part 170. Despite these rules having now been in place for a little while, the scope and complexity of the CMMC program can nonetheless be daunting for contractors to deal with. In this first in a series of posts, we will explore the basics of the CMMC program and what it means for you.

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SBA OHA: On Second Thought, Managing Venturer Must Still be in Charge of JV

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A few months back, we discussed a case at SBA’s Office of Hearings and Appeals that took a closer look at the actions that a Non-Managing Venturer in a small business joint venture is permitted to have negative control over—that is, those actions which the Non-Managing Venturer’s disapproval can block from happening. It also addressed what happens when a joint venture agreement does not include all of the provisions that the SBA rules require for a mentor-protégé joint venture agreement under the SBA’s Mentor-Protégé Program to avoid affiliation. Following that decision, the matter was brought to the Court of Federal Claims. Below, we discuss Multimedia Environmental Compliance Group JV v. United States, 178 Fed. Cl. 129 (2025) which covers the COFC’s review of the OHA decision. 

That case reaffirmed that just having required control language in a JV isn’t enough, other provisions in the JVA cannot give inordinate control to the Non-Managing Venturer.

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FAR 2.0 Update: Part 12 – Acquisition of Commercial Products and Commercial Services

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Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

Our earlier posts regarding the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released through September 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 12 – Acquisition of Commercial Products and Commercial Services.

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FAR Overhaul Webinar: What to Expect from FAR 2.0 on October 21, hosted by GT (Georgia Tech) APEX Accelerators

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Please join me, Shane McCall, on October 21 at 12:00pm EDT as I discuss the important new developments for the revolutionary FAR overhaul. GSA has described the FAR overhaul as taking things down to the studs and that it will function like a wobbly bicycle at the start. This presentation will discuss the executive order outlining the FAR overhaul and the goal to “remove most non-statutory rules.” It will work through the various updates, the line out, and the change summary. 

Discussion Topics include: 

  • FAR Part 19 small business changes.
  • What is staying the same? 
  • What is changing? 
  • What is the base FAR versus the contractor supplements?

Please register here. (Registration deadline October 20, 2025, 8:00am EDT.)

Finalized Increases to Micro-Purchase, Simplified Acquisition, and Other Thresholds

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Last year, we noted that the FAR Council (DoD, GSA, and NASA) issued a proposed rule to adjust the statutory acquisition thresholds for inflation. Under 41 U.S.C. § 1908, the federal government must adjust these thresholds every five years to account for inflation. Effective October 1, 2025, the updated thresholds have gone into effect. In this post, we’ll look at the new thresholds.

The finalized rule, issued on August 27, 2025, mostly matches the proposed rule from 2024, although there are some differences.

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FAR 2.0 Update: Small Business Rule of Two Lives on in Part 19 – Small Business

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Many federal contractors have heard about the revamping of the Federal Acquisition Regulation. Variously called FAR 2.0, the Revolutionary FAR Overhaul, or simply RFO, this project has been undertaken by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). An executive order got the ball rolling, setting forth the mandate to create FAR 2.0 by October 12, 2025. We wrote about it in our earlier post, and described it as two parallel tracks. Track 1 involves a rewrite into “plain language” and removing non-statutory and unnecessary content. Track 2 involves the development of the non-mandatory guidelines to guide procurement officials.

Our earlier posts regarding the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 8.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released throughout 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 19 – Small Business. A key takeaway is the FAR will retain the small business rule of two.

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