Moshe B.Broder

Key Takeaways

The Administration’s 2026 AI Action Plan foreshadowed broad efforts to bring Artificial Intelligence (AI) capabilities to government. Now, the General Services Administration (GSA), which leverages government-wide purchasing power, is proposing a new, required clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems, in all solicitations and contracts in which Artificial Intelligence (AI) capabilities are either (a) provided to the government or (b) used by the contractor

On January 12, 2026, the US Supreme Court denied Percipient.ai, Inc.’s petition for a writ of certiorari, ending a closely watched case that tested the boundaries of bid protest standing at the Court of Federal Claims. The decision leaves intact the Federal Circuit’s en banc ruling that contractors must be actual or prospective bidders to challenge agency procurement decisions, regardless of the nature of the alleged statutory violation.

On December 12, 2025, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2025. This report, required by the Competition in Contracting Act of 1984, provides Congress GAO’s bid protest statistics covering fiscal year 2025, including the most prevalent reasons GAO sustained protests. The 2025 GAO report reveals that bid protest filings were down 6% as compared to last year (1,688 in FY 2025 as opposed to 1,803 in FY 2024). Aside from an in

The Small Business Administration’s (SBA) 8(a) Business Development Program, aimed to help socially and economically disadvantaged small business owners access federal contracting opportunities, has been under increased scrutiny since an investigation by the United States Department of Justice (DOJ) revealed a significant bribery scheme involving more than half a billion dollars. Citing that investigation, in June 2025, the SBA Administrator directed the SBA’s Office of General Contracting and B

On November 10, 2025, the Secretary of War released three memoranda and an acquisition reform strategy directing systemic reform across the defense acquisition landscape. The overarching theme of these reform initiatives is moving with urgency, prioritizing the integration of innovative capabilities, and accelerating a preference for commercial contracting.

In late March, the Trump Administration issued executive order “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” (“the EO”), which aims to consolidate “domestic Federal procurement” within the General Services Administration (“GSA”) to “eliminate waste and duplication.” The EO represents a continuation of the Trump Administration’s efforts to overhaul the federal procurement system, such as GSA’s efforts to “coordinate[] the termination or economization of over 6,000

The Trump Administration’s “temporar[y] pause” in federal funding shocked federal funding recipients across a range of industries. Announced by the Office of Management and Budget (OMB), and ostensibly to reassess all federal financial assistance programs, the pause set off a scramble to understand its impact and protect critical sources of funding. Lawsuits and injunctions followed, and OMB changed course. But as of this writing, agencies continue to notify recipients that no federal money will

On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel had become unavailable prior to contract award.[1] This decision highlights yet another risk to contractors that neglect to notify the government of changes in proposed key personnel during a procurement competition.

On January 15, 2025, the Department of Defense (DOD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, “the FAR Council”) issued a long-anticipated proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the National Archives and Records Administration's (NARA) Controlled Unclassified Information (CUI) Program. The CUI program establishes a unified approach to manage information that requires safeguarding or d

On December 4, Partner Moshe Broder will host a panel titled “Bid Protests: 2024 Developments, Trends, and Lessons for the Legal Department and Management,” at the Federal Publications Seminars’ 2024 Government Contracts Year in Review event.

On August 15, 2024, the Department of Defense (DoD) issued a proposed rule to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program.

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the Fifth Circuit affirmed a district court’s decision that the court lacked subject-matter jurisdiction to consider a former employee’s retaliation claim against a defense contractor under the False Claims Act (“FCA”) because the government’s decision to revoke his security clearan

Jenner & Block elevated eight lawyers to the partnership, promoting associates and special counsel from the firm’s Chicago, London, Los Angeles, and Washington, DC offices.

Jenner & Block and Pub K, a resource of news and insights for the professional contract law community, are collaborating to provide a CLE that will explore intermediate government contracts and grants topics. CLE credit will be available through Pub K.

Late last week, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2023. The statutorily mandated report contains an array of information about GAO’s bid protest forum over the prior fiscal year, including the most prevalent reasons GAO sustained protests along with a variety of statistical data. The report shows that both the number of bid protests filed and GAO’s “effectiveness rate” increased this past fiscal year, but these statistic

Jenner & Block Partner David Robbins and Associate Moshe Broder highlight a recent decision by a Pennsylvania court to deny the government’s request to keep under seal a False Claims Act (FCA) qui tam suit against Pennsylvania State University. The authors provide background on the complaint, which alleges that Penn State failed to follow government contracting requirements to safeguard controlled unclassified information, or CUI. They observe: “As experienced FCA defense lawyers, we know well t

Yesterday, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2022. The statutorily mandated report contains an array of information about GAO’s bid protest forum over the prior fiscal year, including the most prevalent reasons GAO sustained protests along with a variety of statistical data. The big news is that while the number of bid protests filed continued to decline, GAO’s “Effectiveness Rate” held steady.

Partner David Robbins discusses The Boeing Company v. the United States in Episode 28 of the Government Contracts Legal Round-Up. The litigation could decide the fate of the controversial FAR cost accounting rule and clarify the jurisdictional rules that apply when contractors challenge the validity of FAR provisions and other procurement regulations. Mr. Robbins also shares key takeaways from two important bid protest decisions: Async-Nu Microsystems, Inc., B-419614.5, B-419614.6 and ASRC Fed

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal, compliance, contracting, and business executives. Please contact any of the professionals at the bottom of the update for further information on any of these topics.