Compliance Stuff

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 as part of performance of the contract. The plain language of the draft clause also indicates that its compliance scheme applies to contractors doing business with GSA and also commercial AI service providers supporting GSA contractors. GSA published the draft clause on March 6, 2026, as part of the advance notice for Multiple Award Schedule (MAS) Solicitation Refresh 31 (Solicitation No. 47QSMD20R0001) , at buy.gsa.gov. GSA now seeks public and industry comment on the proposed new clause by ...

Bradley recently published articles discussing  how government contractors should prepare for and deal with a shutdown  and  how contractors can recover costs and seek time extensions as a result of a shutdown . Below are key actions government contractors should consider once the government eventually reopens. 1. Confirm Contract Status and Performance Schedules Contact the contracting officer (CO) to confirm whether performance has resumed and whether there are any revised timelines or priorities. Request written confirmation of any new deadlines, modified delivery schedules, or changed milestones. If a stop-work order was issued, ensure you receive a written notice to proceed before restarting work. 2. Document Costs and Delays Maintain detailed records of costs incurred during the shutdown, including idle labor, demobilization/remobilization, and overhead. Document lost productivity and schedule disruptions. These records may support requests for equitable adjustments...

As Congress continues to grapple with budget deadlines, the possibility of a government shutdown is never far from the minds of federal contractors. Unlike many federal employees, who may be furloughed with back pay authorized by Congress, government contractors often bear the brunt of shutdowns in the form of stopped work, delayed payments, or even contract terminations. With the potential for significant financial and operational impact, contractors should be proactive in both preparing for and managing the effects of a shutdown. 1. Review Your Contracts for Shutdown Implications Every federal contract is different, and the impact of a shutdown depends on the nature of the contract and its funding. Contractors should carefully review: Funding Clauses  – Determine whether your contract is fully funded or incrementally funded. Fully funded contracts may continue through a shutdown, while incrementally funded contracts could be halted once funds are exhausted. Stop-Work Clauses ...

  The recent rewrite of the Federal Acquisition Regulation (FAR) Part 6—governing “Competition Requirements”—is prompting questions about whether the changes may signal a shift in federal small business contracting policy . In particular, the removal of explicit references to certain socioeconomic program provisions raises concerns in the small business community.   In this blog, PilieroMazza dissects the FAR Part 6 rewrite, concluding that most revisions appear to be structural rather than substantive. However, the unresolved status of the “Rule of Two” continues to raise concerns regarding the protection of small business set-aside opportunities. A. The Rule of Two: Why Statutory Codification Is Essential As most federal contractors are well aware, the FAR Overhaul is well underway, with an overarching goal of eliminating regulations that are not explicitly grounded in statutory authority. While we have yet to see the revised FAR Part 19—which currently houses the “Rule of T...

  The Small Business Administration ("SBA") recently issued a   proposed rule   that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity . Notably, the proposed rule is ostensibly an omnibus proposal as it covers a host of issues under SBA's socio-economic contracting programs. The proposed rule, for example, includes changes to SBA's negative control affiliation provisions ( discussed here ), joint venture rules, mentor-protégé rules, and others. Comments on the proposed rule are due on or before October 7, 2024. SBA's recertification rules have long been the subject of debate, particularly as it relates to eligibility after a concern recertifies as an "other than small business" following an M&A event. Under the current regulatory regime, a small business is generally considered small for the life of the contract, including for orders issued against a long-term contract. Thus,...