Back to Basics: Covenant Against Contingent Fees

Federal contractors are generally familiar with the many FAR provisions listed in a solicitation or contract. So, it can be tempting to simply gloss over these pages of the solicitation, absentmindedly checking off the right box or signing off on the required representations without familiarizing yourself with each provision–or the consequences that come if each is violated. But naturally, we don’t recommend a cursory review. And one important FAR provision contractors should definitely familiarize themselves with is the Covenant Against Contingent Fees (FAR 52.203-5)–as the consequences of violating that one can be rather grave.  

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FAR 2.0 Update: Part 15 – Contracting By Negotiation

As most federal contractors have heard, the Federal Acquisition Regulation is undergoing a major overhaul. FAR 2.0, commonly referred to as the Revolutionary FAR Overhaul (or just the “RFO”), is the responsibility of the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council). Initiated by Executive Order 14275, the new FAR 2.0 process has been going quickly, with lots of proposed revisions.

Our earlier posts regarding the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19, FAR Part 12.

Work continues over at the OFPP and FAR Council, and today we’re covering some of their most substantial changes yet: Part 15 – Contracting by Negotiation.

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

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

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

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 OrderOverview of FAR 2.0FAR 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

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.)

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

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 OrderOverview of FAR 2.0FAR 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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FAR 2.0 Update: Part 8 – Required Sources of Supplies and Services

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.

The revision of the FAR sections has continued over the past few months, with additional proposed revisions being released in September 2025. In this post, we’ll review one proposed revision that seems to make some significant changes to the language: Part 8 – Required Sources of Supplies and Services.

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