Why More Public Input Does Not Automatically Produce Better Government Decisions
Daniel Berliner’s research explains why greater public and industry participation does not automatically produce better government decisions. This article examines information overload, four forms of information processing, the limits of AI, and how federal contractors can make agency submissions more specific, actionable, and difficult to overlook.
Trust Is Now a Performance Requirement: What the OECD’s 2026 Trust Survey Means for Public Contractors
The OECD’s 2026 Trust Survey shows why federal contractors must treat public trust as a performance issue. Reliability, transparency, fairness, AI governance, and responsiveness now shape how agencies, citizens, and oversight bodies evaluate contractor-supported public services.
DoD’s New Chinese Lobbyist Restriction Turns Consultant Due Diligence Into Contract Eligibility Risk
DoD’s new restriction on contractors retaining lobbyists for Chinese military companies turns consultant due diligence into contract eligibility risk. Defense contractors should review lobbyists, advisors, parent/subsidiary relationships, Section 1260H exposure, onboarding controls, and documented reasonable inquiries.
Defense Manufacturing Bottlenecks Show Why Fast Acquisition Still Needs Scalable Production
Defense manufacturing bottlenecks show that faster acquisition still requires scalable production. Contractors should assess facility space, workforce, suppliers, tooling, quality systems, subcontractors, production capacity, delivery risk, and teaming strategy before promising rapid defense manufacturing performance.
Non-Traditional Data and the New Public Measurement Problem
Dr. Stefaan Verhulst’s article on non-traditional data shows why federal contractors must treat data reuse as a governance issue. As agencies combine surveys, administrative records, commercial data, AI, and analytics, contractors must address bias, privacy, transparency, continuity, and public trust.
GAO’s FCN Decision Shows Protest Comments Are Not a Second Initial Protest
GAO’s FCN reconsideration decision shows that protest comments are not a second initial protest. Contractors must raise detailed legal and factual grounds early, especially for solicitation challenges involving ambiguity, brand-name-or-equal terms, salient characteristics, restrictiveness, or de facto sole-source concerns.
DoD’s U.S. Flag and Seafood Rule Shows Domestic Sourcing Risk Can Reach Smaller Purchases
DoD’s proposed DFARS rule would add U.S. flags to Berry Amendment coverage, apply domestic sourcing restrictions above $10,000, consolidate Berry clauses, and narrow seafood resale exceptions involving China, Russia, Iran, and North Korea. Contractors should review origin controls, supplier certifications, flowdowns, and sourcing records.
Procurement Information Risk Begins Before the Proposal Is Submitted
Government contractors face serious risk when employees mishandle procurement-related information. Even inadvertent receipt of source selection information, competitor data, government planning materials, or classified information can create Procurement Integrity Act concerns, organizational conflicts, unfair competitive advantage, responsibility issues, or criminal exposure.
Mandatory-Use Vehicles Must Be Competed as Mandatory-Use Vehicles
A protest over DoD’s Microsoft enterprise software vehicle signals a broader procurement risk: agencies may consolidate buying and pursue enterprise savings, but if a vehicle will become mandatory and exclusive, that scope must be disclosed before award. The case also highlights MAS eligibility, incumbent displacement, and small business impacts in enterprise IT procurements.
The FY25 SBA Scorecard Signals a Shift in Small Business Contracting Priorities
SBA’s FY25 Small Business Procurement Scorecard shows the federal government again exceeded the 23% small business prime contracting goal, awarding nearly 28% of prime dollars to small firms. But the results also signal policy shifts around 8(a), SDBs, veterans, fraud control, entity-owned firms, and the future direction of small business contracting.
DOJ’s LOGZONE Settlement Shows Why Cybersecurity Scores Can Become False Claims Act Evidence
DOJ’s LOGZONE settlement shows how cybersecurity compliance failures can become False Claims Act evidence. Defense contractors should treat NIST SP 800-171 implementation, assessment scores, system security plans, POA&Ms, and cyber representations as contract performance evidence tied to payment risk.
Default Terminations, Reconsideration, and the Contractor’s Burden of Proof
A recent ASBCA decision involving DSME Construction underscores three core lessons for federal contractors: a contracting officer’s reconsideration may restart the appeal clock, default termination defenses require evidence rather than assertions, and contractors may still recover undisputed amounts owed for accepted pre-termination performance.
Teaming Agreements Are Not Self-Enforcing: Drafting for Commitment Before the Award
Government contractors often use teaming agreements to pursue opportunities before a subcontract is ready. Case law shows enforceability turns on specificity, governing law, and whether the document creates present obligations or merely future negotiations. Contractors should define workshare, price, exclusivity, remedies, and dispute pathways before bid submission.
Lobbying and Gifts in Federal Contracting: Compliance Begins Before the Meeting
Federal contractors must manage lobbying and gift compliance with discipline. Lobbying activity can trigger registration, reporting, expense tracking, and certification duties, while gift rules restrict interactions with congressional and executive branch officials. Effective controls require advance review, accurate records, and clear employee training.
The FAR Overhaul Is Not Final Yet: Contractors Should Engage Now
The FAR Council’s first Revolutionary FAR Overhaul proposed rules are now in formal rulemaking, but they are not final rules. Comments are due July 23, 2026. Contractors should review each Federal Register notice, assess operational impacts, and submit comments before the FAR Council finalizes changes to major acquisition, integrity, competition, and termination provisions.
AbilityOne’s FY 2026–2030 Strategy Signals a Shift Toward Workforce Expansion and Measurable Value
The U.S. AbilityOne Commission’s FY 2026–2030 strategic planning materials outline a proposed direction focused on expanding employment for people who are blind or have significant disabilities, strengthening domestic manufacturing, improving program accountability, and increasing partnerships. The draft is now in the public comment stage.
Federal Data Interoperability Is Now a Payment Integrity Problem
GAO’s June 2026 report warns that fragmented federal eligibility data limits agencies’ ability to prevent improper awards and payments. The report calls for Congress to assign a lead agency, potentially Treasury, to establish mandatory government-wide data standards for recipient eligibility data.
Digital Government Has Moved Beyond Technology Adoption
The OECD Digital Government Outlook 2026 argues that governments have built many of the foundations for digital transformation, but now face the harder task of translating strategies, platforms, data governance, AI, and digital public infrastructure into measurable public value, trusted services, and operational performance.
EEOC’s 2026 MD-715 Instructions Signal a Federal EEO Reporting Shift
EEOC’s June 2026 MD-715 instructions signal a shift in federal EEO reporting by allowing agencies to omit diversity and inclusion principles, barrier analysis, triggers, gender identity, and Workforce Data Table A for 2026 where legally or policy sensitive. Contractors supporting HR, EEO, workforce analytics, or training should monitor alignment.
GAO’s Servexo Decision Shows Why CPARS Ratings Can Become Bid Eligibility Risk
GAO’s Servexo decision shows that CPARS ratings can become bid eligibility risk when solicitations use marginal or unsatisfactory ratings as pass/fail thresholds. Contractors should manage CPARS proactively, preserve performance evidence, respond to ratings, and review past performance criteria before pursuing new opportunities.