Government Contractor Litigation and Compliance

On May 29, 2026, the Office of Management and Budget (OMB), joined by federal grantmaking agencies, issued a lengthy proposed rule[1] covering many aspects of federal financial assistance, including:

Key Takeaways

On April 23, Partner Mike Vernick will speak on a panel at the Department of Energy Contractor Attorneys Association (DOECAA) 2026 Spring Conference at the Fermilab and Argonne National Laboratory near Chicago.

I. Overview

Attention government contractors and subcontractors, a new Executive Order (EO) demands your immediate attention. Titled Addressing DEI Discrimination by Federal Contractors, the order, issued March 26, directs federal agencies to begin inserting a new clause prohibiting what the EO terms “racially discriminatory DEI activities” into contracts within 30 days. The EO’s text reaches more broadly than prior purported DEI preclusion efforts. Here is what you need to know.

Jenner & Block successfully defended its client Jet Logistics Inc. against a termination for default issued by the United States Transportation Command (USTRANSCOM), preserving the company's Air Ambulance Blanket Purchase Agreement and its ability to continue providing critical transportation services to severely ill and injured servicemembers.

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

The General Services Administration (GSA) recently announced proposed updates to certification requirements for federal grantees on the System for Award Management (SAM, available at sam.gov), the GSA-run, official US Government system for, among other things, recipients of federal funding to make representations and certifications about their organizations. These proposed changes, published in a Federal Register notice on January 28, 2026, would impact all entities receiving federal financial a

Purpose: The Office of Space Commerce (OSC) seeks industry feedback from operators currently operating in, investing in, or intending to operate or invest in the civil Indian space markets. This feedback will inform OSC’s continued participation in the Commercial Space Sub-Working Group (CSSwG), a subgroup of the US-India Civil Space Joint Working Group (CSJWG). The CSJWG, established in 2005, provides a bi-lateral framework for “structured collaboration, to address challenges promptly, and to p

Jenner & Block is pleased to announce that Michael J. Vernick has joined as a Partner in its Washington, DC, office.

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.

In the waning hours of 2025, news broke that the Department of Justice (“DOJ”) had sent Civil Investigative Demands (“CIDs”) to investigate and potentially bring actions against federal contractors, grant recipients, and other entities receiving federal funds for maintaining so-called diversity, equity, and inclusion (“DEI”) programs. Reporting notes that DOJ issued CIDs pursuant to its False Claims Act (“FCA”) authority (31 U.S.C. § 3729-3733) to companies across a variety of sectors of the US

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

Partner David Robbins co-authored an article for Law360 analyzing federal suspension and debarment activity during fiscal year 2025, marking the 10th anniversary of his annual study tracking government enforcement trends in this area.

WASHINGTON, DC – November 24, 2025: Elizabeth “Liz” Pullin, former Space Force Rapid Capabilities Legal Advisor, has joined Jenner & Block as Special Counsel in its Washington, DC office. Liz will be a key member of the Government Contracts and Grants Practice, bringing extensive experience from the US Department of Justice and the US Air Force Judge Advocate General's Corps.

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.

The Administration’s dramatic cutbacks to federal funding have changed the landscape and presented new and unprecedented challenges for funding recipients across a range of industries.

1. Introduction