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In a livestream, I answered the two questions I get most about SBA’s proposal on size standards: Why is SBA doing this? And when might it happen? I also broke down how SBA could leave just 360 small businesses left in Federal contracting. Links Proposed Rule: Small Business Size Standards https://www.federalregister.gov/documents/2026/08/20/2026-17042/small-business-size-standards Regulations.gov docket https://www.regulations.gov/document/SBA-2026-0199-0001/comment Google Sheet of Size Standard Proposals https://docs.google.com/spreadsheets/d/1lY83yT6T-THskHao-Vf28JrryhKay-XP Text of all 2,723 comments as of 9/21 https://drive.google.com/file/d/1mhbiHWMVFWqfbUhYwd1H4LTNoBtG1oAN Courtney Modecki’s post on LinkedIn https://www.linkedin.com/posts/courtneymodecki_govcon-smallbusiness-sba-share-7506740781034930176-vVAs Wolverine Group Size Standard Impact Tool https://wolverine-group.com/tooling-size-standard.html Project 2025 Presidential Transition Project (Heritage Foundation) https://static.heritage.org/project2025/2025_MandateForLeadership_FULL.pdf Statement of FCC Chairman Brendan Carr Re: Amendment of Section 73.3555(e) of the Commission’s Rules, National Television Multiple Ownership Rule, MB Docket No. 17-318, Report and Order (August 6, 2026) https://docs.fcc.gov/public/attachments/DOC-424076A2.pdf FY26 SBA Scorecard Methodology Update https://legacy.sba.gov/sites/default/files/2026-09/FY26%20SBA%20Scorecard%20Methodology%20Update-1.pdf Press Release: Advocacy Supports SBA Size Standards Update https://advocacy.sba.gov/2026/09/17/advocacy-supports-sba-size-standards-update/ Small Business Innovation Measure by Patenting Activity https://advocacy.sba.gov/wp-content/uploads/2022/09/Fact-Sheet_Small-Business-Innovation-Measured-by-Patenting-Activity-1.pdf Department of Defense Small Business Strategy https://media.defense.gov/2023/Jan/26/2003150429/-1/-1/0/SMALL-BUSINESS-STRATEGY.PDF Bending the Rules by Rachel Augustine Potter https://www.augustinepotter.com/books.html Denes et al., How Big is Small? The Economic Effects of Access to Small Business Government Support https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451424 Feinstein, Small Business Favoritism https://faculty.wharton.upenn.edu/wp-content/uploads/2026/06/Small-Business-Favoritism.pdf Size Appeal of Brice Solutions, LLC https://govt.westlaw.com/sbaoha/Document/I36932e89aba311f195c6ba05d03f86cf HUBZone Appeal of DT Professional Services LLC https://govt.westlaw.com/sbaoha/Document/I1e9a0d5ab5d111f19a6dae822e4bdc94 Chapters * 0:00 Introduction * 1:25 The 60-Day Comment Extension * 2:24 Two Dockets and 2,723 Comments * 3:28 Why the 60,000 Comment Figure Is Wrong * 4:46 87 Percent Against * 8:35 Comments by NAICS Code * 10:29 Why Is SBA Doing This? Project 2025 * 14:14 The FCC Ownership Cap Parallel * 18:37 Why SBA Uses Four-Digit NAICS Codes * 19:57 The Mid-Size Business Problem Since the 1980s * 20:48 37,000 or 4,200 Mid-Size Firms? * 23:20 Companies Grow Up to the Cap * 24:18 The Math: 60,000 Small Businesses or 360? * 29:23 The Short Answer on Why * 30:02 When Will SBA Finalize? Rachel Potter’s Three Tools * 33:46 Timing as a Tool and the Midterm Elections * 36:31 Roadblocks: Opposition and Organization * 37:49 Legal Challenges * 39:19 The Scorecard and New Entrants * 40:17 What the Research Says About Raising Size Standards * 42:45 Small Businesses and Innovation * 45:29 Audience Questions * 52:40 HUBZone Appeal: DT Professional Services * 53:54 Size Appeal: Brice Solutions * 55:34 Closing With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

David Timm is watching AI change Federal contracting, both at agencies and with contractors themselves, and he’s worried about where this will lead. The Burr & Forman lawyer specializes in bid protests, where AI has created huge problems for GAO and the Court of Federal Claims. He’s also tracked the undisclosed use of AI by the government to evaluate proposals. David and I talked about what steps contractors should take when they think AI might be reading their bids. And we discussed the strange irony that, while researchers are worried about AI will kill us all, it can’t research for a basic GAO protest. Links David Timm on LinkedIn https://www.linkedin.com/in/timmdavid/ Burr & Forman profile https://www.burr.com/people/david-timm Disclosure for Thee But Not for Me (Washington Technology) https://www.washingtontechnology.com/opinion/2026/07/disclosure-thee-not-me/415084 How GenAI Misuse is Changing in Procurement Litigation https://www.burr.com/government-contracting/how-genai-misuse-is-changing-in-procurement-litigation Cal Newport: Anthropic Just Threatened to Kill Billions of People. This Is Not Okay. https://calnewport.com/anthropic-just-threatened-to-kill-billions-of-people-this-is-not-okay/ OMB Use Case Inventory https://github.com/ombegov/2025-Federal-Agency-AI-Use-Case-Inventory AI Hallucinations Database https://www.damiencharlotin.com/hallucinations/ OMB Memo M-25-21 https://www.whitehouse.gov/wp-content/uploads/2025/02/M-25-21-Accelerating-Federal-Use-of-AI-through-Innovation-Governance-and-Public-Trust.pdf OMB Memo M-25-22 https://www.whitehouse.gov/wp-content/uploads/2025/02/M-25-22-Driving-Efficient-Acquisition-of-Artificial-Intelligence-in-Government.pdf Trax Int’l Corp. v. United States (COFC) https://dockets.justia.com/docket/federal-claims/cofce/1:2026cv00796/54375 Proposed GSAR Clause on Basic Safeguarding of Data Within Large Language Model Artificial Intelligence Systems https://www.federalregister.gov/documents/2026/06/17/2026-12205/general-services-acquisition-regulation-acquisition-of-information-and-communication-technology Salient CRGT, Inc., B-423640.2, .4, Jan. 5, 2026 (GAO) https://www.gao.gov/products/b-423640.2%2Cb-423640.4 Warfighter Focused Logistics, Inc., B-423546, B-423546.2, Aug. 5, 2025 (GAO) https://www.gao.gov/products/b-423546%2Cb-423546.2 Adversarial Poetry as a Universal Single-Turn Jailbreak Mechanism in Large Language Models https://arxiv.org/abs/2511.15304 AI Self-preferencing in Algorithmic Hiring: Empirical Evidence and Insights https://arxiv.org/abs/2509.00462 AI Agents Push Humans Out of the Loop https://arxiv.org/abs/2608.23642 Lost in the Middle https://arxiv.org/abs/2510.10276 Chapters 0:00 Introduction 0:34 The Weed Whacker Strapped to the Dog 4:06 Where the Disclosure Requirement Comes From 7:47 How We Know Agencies Are Using LLMs to Evaluate Bids 10:48 Where Is the Harm? A Race to the Bottom 13:45 Disclosure for Thee: The GSAR Clause and Prompt Injection 18:05 Best Practices: Papering the Record Before and After Award 23:26 Will Agencies Keep the LLM’s Reasoning? 25:35 What the Tribunals Are Likely to Do 27:11 Plausibility and the Lost-in-the-Middle Problem 31:19 Counting Gen AI Misuse in Procurement Litigation 34:10 Tucker v. United States and Other Fake Cases 37:20 Is GovCon a Uniquely Risky Niche? 42:20 The Donut Factory and the Risk-Importance Matrix 45:33 Recommendations for the Tribunals 49:19 De-Skilling and What Clients Actually Pay For 53:11 Where to Find David Timm With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

I had a feeling this was coming: When the Revolutionary FAR Overhaul first came out, the process that the FAR Council used looked every bit as revolutionary—and ultimately even more so—than the FAR itself. Now, Marcos Gonzalez of GovSpring Legal, a small law firm in D.C., is suing on behalf of a contractor, arguing that that process is illegal. We talked about the basis for his case against the FAR at the Court of Federal Claims. We also discussed how Marcos’s firm uses AI in the practice of law. Links Marcos Gonzalez (LinkedIn) https://www.linkedin.com/in/mgonzalez15 GovSpring Legal https://govspringlegal.com Don Acquisition https://donacquisition.com Contractor Says Federal Procurement Overhaul Prevented Bid https://news.bloomberglaw.com/federal-contracting/contractor-says-federal-procurement-overhaul-prevented-bid Don Acquisition v. USA https://dockets.justia.com/docket/federal-claims/cofce/1:2026cv01039/54625 Revolutionary FAR Overhaul https://www.acquisition.gov/far-overhaul Executive Order 14275 https://www.whitehouse.gov/presidential-actions/2025/04/restoring-common-sense-to-federal-procurement/ You said, We did (GSA) https://www.acquisition.gov/far-overhaul/you-said-we-did Rhodes to exit as OFPP administrator https://federalnewsnetwork.com/people/2026/08/rhodes-to-exit-as-ofpp-administrator/ 41 USC 1707: Publication of proposed regulations https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1707&num=0&edition=prelim Wilson 5 Service Company, Inc., B-424429, July 17, 2026 https://www.gao.gov/products/b-424429 Chapters * 00:00 Introduction: Suing Over the FAR Overhaul Process * 01:27 Starting GovSpring Legal * 04:01 How the Don Acquisition Case Came Together * 05:54 What the Revolutionary FAR Overhaul Is and Why Now * 09:45 Regulatory Burden and the Commercial Marketplace * 11:25 Three Sets of Rules at Once * 13:10 When the RFO Takes Away Contractor Rights * 15:03 Notice and Comment Rulemaking Under 41 U.S.C. 1707 * 20:04 Why the FAR Council Used Deviations Instead * 24:11 Can the Government Cure the Defect After the Fact? * 25:33 Informal Feedback vs. the Federal Register * 28:03 The Changes That Matter: Small Business and the DEI Clause * 33:27 Subcontractor Monitoring and False Claims Act Risk * 36:45 Transactional Data Reporting and Small Business Compliance * 39:11 Advice to Contractors: Engage Counsel Earlier * 41:33 The Precedent: You Can’t Unring the Bell * 43:50 AI in Legal Practice * 50:52 Rethinking Legal Marketing and Business Development * 54:30 Where to Find GovSpring Legal Transcript available at http://govconintelligence.com. With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

SBA published proposed size standards that raise small-business limits by 15x in some important industries. As I explained in my live stream earlier, the across-the-board increases flow from SBA’s interpretation of the “dominance” provision in the Small Business Act. SBA explains that, for $20 billion industries, a $500 million business “would not be dominant.” That’s why the proposed size standards go up to $531 million in some important government contracting industries, and even higher in others. An auto-generated transcript of the live stream follows. Links * Google Sheet comparing the proposed standards to current standards and previously proposed standards https://docs.google.com/spreadsheets/d/1lY83yT6T-THskHao-Vf28JrryhKay-XP * SBA Proposed Rule on Small Business Size Standards https://www.federalregister.gov/documents/2026/08/20/2026-17042/small-business-size-standards * SBA Proposed Size Standards Methodology https://www.federalregister.gov/documents/2026/08/20/2026-17039/small-business-size-standards-revised-size-standards-methodology * Prior SBA proposed changes from August 2024 https://www.govinfo.gov/content/pkg/FR-2025-08-22/pdf/2025-16142.pdf * Prior SBA Size Standard Methodology https://legacy.sba.gov/sites/default/files/2024-09/Updated_Size_Standard_Methodology_WhitePaper_2024_Proposed_508_v0.pdf * Link for Submitting comments by September 21, 2026 https://www.regulations.gov/commenton/SBA-2026-0199-0001 * How Big is Small? The Economic Effects of Access to Small Business Government Support by Matthew Denes et. al. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3451424 Chapters * 0:00 Breaking News: SBA Proposes a Sweeping Overhaul of Size Standards * 1:17 Sam’s Background at SBA * 3:02 What the Law Requires: Defining “Small” * 5:49 Two Types of Size Standards: Employees vs. Receipts * 8:52 Procedural Requirements: NAICS Codes and Public Hearings * 11:44 Walking Through the Proposed Numbers * 18:12 How These Numbers Got So Big: The Old Methodology * 21:19 The New Methodology and the $500 Million Anchor * 26:08 Footnotes and Sub-Industries Eliminated * 30:42 What This Means: Mid-Sized Companies Become Small * 33:05 Second-Order Effects: The Rule of Two and Set-Asides * 36:52 Contract Consolidation, M&A, and the Mentor-Protégé Program * 41:23 Timeline: The Comment Period and Path to a Final Rule * 47:57 Audience Q&A: SBIR, Loan Programs, and Multi-Award IDIQs * 50:33 The Old Maximum Cap, and Research on Raising Size Standards * 54:07 Effects on Subcontracting and Certification Programs * 56:07 The Dominance Standard and How to Submit Comments * 58:41 Closing Thoughts: Sam’s Take With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is http://www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Karri Palmetier is a legal expert on one of the fastest evolving subjects in government contracting: domestic-sourcing requirements. She joined me after her well-attended session at NCMA World Congress in Orlando, and we started our discussion with a new Executive Order. The Order prioritizes domestic sourcing in the military supply chain. Underlying that Order is a combination of complicated laws, the Buy American Act and the Trade Agreements Act (or TAA). This is an area where knowing the caselaw is critical. Neither the FAR nor the statute provide much guidance on how those laws operate in real-world situations. Karri and I talked through some of the biggest cases. Then I couldn’t let Karri leave Orlando without asking her about an important SBIR case about national security reviews. If you’re watching this on YouTube or listening to the podcast, you can find the full auto-generated transcript at http://www.govconintelligence.com. Links * Karri Palmetier on LinkedIn https://www.linkedin.com/in/karri-palmetier-93094736 * Palmetier Law https://palmetierlaw.com/ * Executive Order on “Securing America’s Defense Supply Chains and Ensuring Domestic Sourcing of Critical Materials” https://www.whitehouse.gov/presidential-actions/2026/07/securing-americas-defense-supply-chains-and-ensuring-domestic-acquisition-of-critical-materials/ * Buy American Act https://uscode.house.gov/view.xhtml?path=/prelim@title41/subtitle4/chapter83&edition=prelim * Trade Agreements Act https://uscode.house.gov/view.xhtml?path=/prelim@title19/chapter13&edition=prelim * FAR Part 25, Foreign Acquisition https://www.acquisition.gov/far/part-25 * OMB’s Made in America Office https://www.madeinamerica.gov/ * The DaVinci Company LLC v. United States (COFC) https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2024cv1238-54-0 * Energizer Battery LLC v. United States (CIT) https://law.justia.com/cases/federal/appellate-courts/cit/13-00215/13-00215-2016-12-07.html * Cyber Power Sys. (USA) Inc. v. United States (CIT) https://law.justia.com/cases/federal/appellate-courts/cit/20-00124/20-00124-2022-02-24.html * Acetris Health LLC v. United States (CAFC) https://www.cafc.uscourts.gov/opinions-orders/18-2399.opinion.2-10-2020_1529718.pdf * Kayvan Space Corp. v. United States (COFC) https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2025cv0104-79-0 Chapters * 00:00 - Introduction to GovCon Intelligence and Karri Palmetier * 01:58 - The Securing America’s Defense Supply Chains Executive Order * 05:44 - Balancing Supply Chain Requirements and Small Business Burdens * 10:57 - Demystifying the Buy American Act Pricing Preference * 14:00 - The Made in America Office and the Waiver Process * 18:00 - Defining Manufacturing and the Component Test * 22:12 - The Trade Agreements Act (TAA) and the Da Vinci Case * 28:33 - The Substantial Transformation Test Under the TAA * 36:52 - Bid Protests vs. Customs Cases: The Acetris Decision * 44:55 - Compliance Tips for Prime Contractors and Subcontractors * 48:36 - Knowing Your Competition and Pricing Trade-offs * 52:19 - SBIR Contracts and Foreign Ownership, Control, or Influence (FOCI) * 57:10 - Conclusion and Contact Information With over 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is http://www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Meghan Leemon and I caught up after her excellent presentation on joint ventures at the National HUBZone Conference in Virginia. Meghan, who practices out of PilieroMazza’s Colorado office, was involved in one of the most important joint-venture cases in years. She also had a fascinating tip on how larger small businesses can use JVs to keep their status longer. We then talked through her recent wins on 8(a) suspensions and few recent SBA OHA decisions. The cases that Meghan works on aren’t just interesting legal decisions. They also create new regulatory guidance for 8(a) firms completing their annual reviews and responding to the ongoing SBA audit. Links * Meghan Leemon on LinkedIn https://www.linkedin.com/in/meghan-leemon-710615b * PilieroMazza profile https://www.pilieromazza.com/people/meghan-f-leemon/ * Primary Healthcare LLC d/b/a Anglin Distinctive Health Care JV LLC v. United States, Case No. 25-1795C (2026). https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2025cv1795-40-0 * OS-DB-JV-2, LLC, B-424382, June 16, 2026. https://www.gao.gov/products/b-424382 * Size Appeal of DSC-EMI II, LLC, SBA No. SIZ-6387 (2026). https://govt.westlaw.com/sbaoha/Document/I3277fc47670f11f1b5ede6c75ce634c0 * SBA Unified Agenda: Joint Ventures in Government Contracting Programs. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=3245-AI23 * Matter of PolyCon Solutions, LLC, SBA No. BDPT-742 (2026). * Matter of ThirdPacket Technologies, SBA No. BDPE-763 (2026). * Matter of Parsco LLC, SBA No. BDPT-749 (2026). https://govt.westlaw.com/sbaoha/Document/I9258bebc790211f1bab1a69685c3e57d * Millbrook Support Services, Inc., B-424107, Feb. 23, 2026. https://www.gao.gov/products/b-424107 * Size Appeal of A&H Ambica JV, LLC, SBA No. SIZ-6382 (2026). https://govt.westlaw.com/sbaoha/Document/I59112c234f9e11f1b1f6a9415ba6940b * Size Appeal of Tayrona Investments, LLC, SBA No. SIZ-6390 (2026). https://govt.westlaw.com/sbaoha/Document/Ieb859d2a79e111f19f5fb3c8f8e54d0b Chapters * 00:00 - Introduction to GovCon Intelligence * 00:23 - Joint Ventures: Managing Receipts and Size Limits * 03:07 - The Primary Healthcare Case: Size at Final Proposal Revision * 08:44 - Consolidating SBA Joint Venture Rules and Certifications * 12:40 - Contract-Specific Affiliation and Numbered Joint Ventures * 15:57 - 8(a) Suspensions and Calculating Owner AGI * 23:20 - Reporting Jointly Owned Assets in MySBA Certifications * 26:30 - The Parsco Case: Submitting Documents to SBA * 29:22 - Millbrook Support Services: Recertification on VA Task Orders * 32:34 - The A&H Ambika JV Case: The Adverse Inference Rule * 35:30 - The Non-Manufacturer Rule and Size Standards * 37:47 - Conclusion and Contact Information Read a transcript at govconintelligence.com With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Erin Estevez has a warning for Defense contractors—if you think you’re in the clear because of the CMMC Phase 2 pause, you may not be ready for what’s next. A new compliance regime is right around the corner. And the soon-to-be-required disclosures on Foreign Ownership, Control, and Influence (FOCI) are much broader than the name suggests. If you have a contract with a foreign company, an overseas investor, or an employee on Visa status, you will probably need to comply. These rules will be especially important for firms seeking VC or private equity investment. Erin joined me on GovCon Intelligence to explain how far the FOCI disclosures will reach, how to comply with the tight 3-day deadlines, and what DCSA is planning to do with the coming onslaught of cases. This is definitely an area to pay attention to as the military tries to attract nontraditional contractors and small businesses. Links Erin Estevez on LinkedIn https://www.linkedin.com/in/erin-estevez-96a09236/ DoD Proposed Rule on Mitigating Risks Related to Foreign Ownership, Control, or Influence https://www.federalregister.gov/documents/2026/05/07/2026-09067/defense-federal-acquisition-regulation-supplement-mitigating-risks-related-to-foreign-ownership SF 328 https://www.gsa.gov/reference/forms/certificate-pertaining-to-foreign-interests S.4648 - A bill to improve transparency with respect to foreign influence on Department of Defense contractors https://www.congress.gov/bill/119th-congress/senate-bill/4648/text Chapters * 00:00 - Introduction to GovCon and FOCI Rules * 01:16 - Current Tracking of Foreign Ownership, Control, and Influence * 04:05 - The Proposed Expansion of the FOCI Regime * 06:29 - Deep Dive into Standard Form 328 (SF-328) * 11:11 - Impact on Commercial Acquisitions * 12:51 - M&A Activity and Investor Disclosure Obligations * 17:04 - Pre-Transaction Engagement and Mitigation Strategies * 20:33 - Post-Award Monitoring and Compliance * 21:55 - The Three-Day Reporting Rule and Tight Timelines * 25:40 - Supply Chain and Subcontractor Flow-Down Responsibilities * 27:34 - Consequences of Non-Compliance and Enforcement Risks * 29:33 - Case Volume Explosions and Acquisition Bottlenecks * 32:55 - Legislative Interest and Policy Trajectories * 36:15 - Small Business Compliance Burdens and Front-Loaded Costs * 41:13 - CMMC Parallels and Future Rule Predictions * 43:25 - Guest Outro and Contact Information Go to http://govconintelligence.com for a full transcript With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

David Mullis has been analyzing the FAR Overhaul from a small-business perspective for well over a year now. So when the FAR Council published its first batches of proposed rules last week, the former SBA Advocacy assistant chief counsel and current regulatory consultant at Gov Contract Pros was my first choice to break down how those rules affect small businesses. There are some surprises in there, David says. The proposed rules aren’t the same as what we saw published last year—instead, there are substantive policy changes. And there are some hidden changes for small businesses that you’ll miss if you read the 1,000 pages too quickly. Right now, David is pushing to get small businesses more time to comment on the rules. But, if the FAR Council keeps to its current schedule, comments will be due on July 23. David and I talked about the strategies that small businesses should use to make sure their comments are considered, and how they might play a long game to push back on the changes, even if they are finalized. Links David Mullis https://www.linkedin.com/in/david-mullis Gov Contract Pros https://govcontractpros.com FAR Overhaul Proposed Rules: * Parts 1, 2, 4, 33, 39, 40, and 53 https://www.federalregister.gov/d/2026-12559 * Parts 3 and 49 https://www.federalregister.gov/d/2026-12562 * Parts 5, 24, and 29 https://www.federalregister.gov/d/2026-12561 * Parts 6, 7, 10, 18, 26, 37, and 41 https://www.federalregister.gov/d/2026-12560 Executive Order on Restoring Common Sense to Federal Procurement https://www.federalregister.gov/d/2025-06839 “You Said, We Did: How Public Feedback on Model Deviations Informed the Proposed Rules” https://www.acquisition.gov/far-overhaul/you-said-we-did Open FAR Cases tracker https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf Regulatory Flexibility Act https://advocacy.sba.gov/resources/regulatory-flexibility-act/ SBA SBIR Policy Directive https://www.sbir.gov/about/policies FAR proposed Rule on Controlled Unclassified Information, January 2025 https://www.federalregister.gov/d/2024-30437 FAR Proposed Rule on Strengthening America’s Cybersecurity Workforce (NICE Framework), January 2025 https://www.federalregister.gov/d/2024-30504 Guide to the Regulatory Flexibility Act https://advocacy.sba.gov/resources/regulatory-flexibility-act/rfa-basics/ Regulations.gov docket for comments https://www.regulations.gov/comment/FAR-2026-0001-0003 Chapters 00:00 - Introduction to the FAR Overhaul 01:28 - What is the Revolutionary FAR Overhaul? 02:30 - The Significance of Proposed Rules 04:05 - The Rulemaking Timeline 06:01 - The Scope of the 12 FAR Rules 07:50 - Substantive Changes vs. Model Deviations 09:41 - The Impact of Public Comments and the Sunset Provision 13:30 - The Regulatory Flexibility Act and 10-Year Reviews 15:06 - Changes to Market Research (Part 10 to Part 7) 17:14 - The Push for COTS and Full and Open Competition 19:15 - Balancing COTS with Cybersecurity and Compliance Risks 20:22 - Oral Acquisition Plans 21:09 - The Impact on Small Business Programs 24:43 - Good News for SBIR/STTR Programs 27:13 - The New CUI and Cybersecurity Requirements 32:41 - The 30-Day Comment Period Debate 36:36 - Breaking Down the 12 Rulemaking Batches 37:48 - The Regulatory Flexibility Act (RFA) Explained 39:43 - The Missing Data in the Regulatory Flexibility Analysis 41:55 - The IRFA, FRFA, and Judicial Challenges 45:08 - The Role of the SBA Office of Advocacy 46:57 - Strategic Tips for Submitting FAR Overhaul Comments 51:38 - Conclusion and Contact Info Go to www.govconintelligence.com for a full transcript. With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam received his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Lizzie Sullivan has been pushing the Rule of Two through Congress for years now, and this year is the best shot to get that vital rule for small businesses into statutory law, she says. But opposition from an unexpected source has popped up. Sullivan, the president of Madison Services Group, joined me on GovCon Intelligence to discuss the prospect of Congress passing the Rule of Two—which would boost small business set-asides for years to come. We also talked about why 151 is a bad number of IT value-added resellers, the bill that would end the women-owned small business program, and what to expect out of SBA’s size standards. Links * Elizabeth Sullivan on LinkedIn: https://www.linkedin.com/in/esullivanmsgi/ * Madison Services Group: https://madisonservicesgroup.com/ * Women’s Procurement Circle: https://www.procurementcircle.org/ * H.R. 2804, Protecting Small Business Competitions Act of 2025: https://www.congress.gov/bill/119th-congress/house-bill/2804/text * GSA Summary of Results of Request For Information (RFI) about IT hardware procured through Value Added Resellers (VARs): https://buy.gsa.gov/interact/community/6/activity-feed/post/ed096e0c-4d52-459f-895c-37c9e95884de/ * SBA Proposed Rule on Monetary-Based Size Standards: https://www.federalregister.gov/documents/2025/08/22/2025-16142/small-business-size-standards-monetary-based-industry-size-standards * H.R. 7154, Streamlining Small Business Contracts Act of 2026: https://www.congress.gov/bill/119th-congress/house-bill/7154/text * SBA Proposed Rule on Social Disadvantage in the 8(a) Program: https://www.federalregister.gov/documents/2026/06/11/2026-11765/reforms-to-remove-sbas-8a-programs-rebuttable-presumption-of-social-disadvantage-for-individually * S. 4390, Ending Discrimination in Government Contracting Act: https://www.congress.gov/bill/119th-congress/senate-bill/4390/text * Federal News Network: “SBA kicks off new audit of economically disadvantaged contractors” https://federalnewsnetwork.com/acquisition-policy/2026/06/sba-kicks-off-new-audit-of-economically-disadvantaged-contractors/ Chapters 00:00 - Introduction to GovCon and the Rule of Two 01:28 - The History and Legislative Push for H.R. 2804 03:58 - Understanding the Tolliver Case and Task Orders 05:28 - Bipartisan Support and the NDAA Vehicle 11:15 - Navigating Mandatory Sources and AbilityOne Concerns 14:45 - The Importance of Codifying the Rule of Two 17:35 - GWAC Innovation, Pools, and the Shift in Task Orders 19:26 - The IT Value-Added Reseller (ITVAR) Size Standard Debate 26:05 - The Value of ITVARs vs. Direct Procurement and OneGov 30:46 - The Fight to Raise Sole Source Thresholds 35:50 - The Impact of Compressed Buying Years and Competition 38:54 - Reimagining the OSDBU and the 8(a) Proposed Rule 41:43 - Women-Owned Small Business Entry into the 8(a) Program 44:57 - Legislative Threats to Small Business Set-Aside Programs 47:49 - Deconstructing the EDWOSB Audit and Program Origins 52:47 - Overcoming the Scrutiny and Complexity of the WOSB Program 55:18 - Strategies for Capability Statements and Mission Alignment 58:26 - A Plea for Small Business Unity Against Large Competitors 59:41 - Wrapup Go to http://govconintelligence.com for a full transcript With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This episode of GovCon Intelligence was produced by Amelia Delphos. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

In this live stream, I analyzed the newly pre-published SBA’s proposed rule that changes the social-disadvantage eligibility criteria for the 8(a) program. Viewers had questions on the proposed rule. We also covered the little-discussed DoW Small Business Bill of Rights, a recent reorganization of staff at SBA, and a few cases involving the mentor-protégé program. Links follow. A transcript is available at http://www.govconintelligence.com. Links * SBA pre-publication proposed rule on “Reforms to Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually Owned Firms Only; Reforms Do Not Impact Entity-Owned Firms” https://public-inspection.federalregister.gov/2026-11765.pdf * NDAA FY24 (see section 876 for Small Business Bill of Rights) https://www.congress.gov/118/plaws/publ159/PLAW-118publ159.pdf * DoW Small Business Bill of Rights https://business.defense.gov/Small-Business-Bill-of-Rights/ * PDF of Small Business Bill of Rights https://business.defense.gov/Portals/57/Small%20Business%20Bill%20of%20Rights/DoW%20Small%20Business%20Bill%20of%20Rights.pdf?ver=TGSweXAuiLJkOqERHfZKkw%3d%3d * DoW Small Business Bill of Rights one-pager https://business.defense.gov/Portals/57/Small%20Business%20Bill%20of%20Rights/Small%20Business%20Bill%20of%20Rights%201-Pager%2003.11.26%20-%20fillable.pdf?ver=WOh6YHb4fg84cZg0o1OXYA%3D%3D * SBA policies under review at the Office of Information and Regulatory Affairs https://www.reginfo.gov/public/do/eoReviewSearch * SBA news release: “SBA Announces Agency-Wide Reorganization to Modernize, Drive Operational Efficiency, and Enhance Accountability to Taxpayers” https://www.sba.gov/article/2026/06/05/sba-announces-agency-wide-reorganization-modernize-drive-operational-efficiency-enhance * SBA OIG news release: “Government Contractor and Executives to Pay $21.3M to Resolve Fraud Scheme Involving Service-Disabled Veteran-Owned Small Business Contracts” https://www.sba.gov/article/2026/06/09/government-contractor-executives-pay-213m-resolve-fraud-scheme-involving-service-disabled-veteran * COFC decision on timing mentor-protégé joint ventures: Primary Healthcare LLC d/b/a Anglin Distinctive Health Care JV LLC v. United States, Case No. 25-1795C (2026). https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2025cv1795-40-0 * COFC decision on mentor standing: Int’l Bus. Sales & Servs. Corp. v. United States, Nos. 26-401 & 26-425 (Fed. Cl. May 29, 2026). https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2026cv0401-48-0 * GAO decision on subcontractor joint-venture past performance: ID8Spark, LLC, B-424253.2, .3, .5, May 18, 2026. https://www.gao.gov/assets/890/886345.pdf * FAR Overhaul proposed rule status: https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf * Number of 8(a) participants below 3,000: https://www.datawrapper.de/_/Tvaur/?v=5 Chapters 00:00 - Introduction to GovCon Intelligence 00:52 - SBA Proposed Rule on 8(a) Social Disadvantage 08:00 - Impact of the Proposed Rule on Current 8(a) Firms 11:13 - Group Classification and Historical Context under the New 8(a) Rule 18:12 - Delays in Processing New 8(a) Applications 19:54 - New vs. Old Application Evidence 20:40 - Department of War Small Business Bill of Rights 26:21 - Upcoming SBA Policy Changes and OIRA Reviews 30:16 - SBA Agency-Wide Reorganization and Workforce Reductions 33:20 - SDVOSB Fraud Case: Broadway Electric and Cornerstone Contracting Settlement 37:13 - Court of Federal Claims Case: Primary Healthcare (Mentor-Protégé Joint Venture Timing) 43:13 - Court of Federal Claims Case: International Business Sales and Services Corporation (Mentor standing) 45:08 - GAO Case: ID8 Spark (Subcontractor and Joint Venture Past Performance) 47:19 - FAR Overhaul and Notice and Comment Phase Updates 49:45 - Tracking the Latest 8(a) Active Firm Data 52:03 - Business Activity Targets (BAT) and Closing Remarks With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Ahead of her presentation at this week’s VETS conference, former White House appointee and 8(a) associate administrator Jackie Robinson-Burnette joined me on GovCon Intelligence. Jackie and I worked together at SBA in the aftermath of the Ultima court decision to save the 8(a) program, and we talked at length about what the program will look like after this latest crisis. I also got her thoughts on the Rule of Two, the attack on the women-owned small business program, and how small businesses are faring generally. Finally, she shared her lessons on leadership based on a 35-year career in public service. Please visit www.govconintelligence.com for a full transcript and show notes. Links * Jackie Robinson-Burnette on LinkedIn: https://www.linkedin.com/in/jackierb/ * Senior Executive Service Solutions: https://www.ses2.co/ * SBA proposed rule on deleting the presumption of social disadvantage: https://www.reginfo.gov/public/do/eoDetails?rrid=1397162 * 8afacts.org: http://8afacts.org * Protecting Small Business Competition Act, as amended: https://www.congress.gov/119/meeting/house/119320/documents/BILLS-119-ANS1toHR2804-W000816-Amdt-3.pdf * Eliminating Discrimination in Government Contracting Act: https://www.congress.gov/bill/119th-congress/senate-bill/4390 * Christopher Slottee: “Army Shifts Acquisition Policy: New Preference for Competition in SBA 8(a) Program” (Schwabe): https://www.schwabe.com/publication/army-shifts-acquisition-policy-new-preference-for-competition-in-sba-8a-program/ * “Firm Building Trump’s Ballroom Got a Secret No-Bid Contract for a Nearby Job” (The New York Times): https://www.nytimes.com/2026/04/25/us/politics/lafayette-park-fountains-trump-contract.html * How Successful People Lead by John Maxwell: https://bookshop.org/p/books/how-successful-people-lead-taking-your-influence-to-the-next-level-john-c-maxwell/413fd6664c3f7018?ean=9781599953625&next=t& Chapters 00:00 – Introduction & Jackie’s Background 00:18 – Jackie’s Historic Legacy at the SBA 01:20 – Deleting the Presumption of Social Disadvantage (Post-Ultima Reforms) 04:59 – The Impact of the 8(a) Application Freeze on Small Businesses 07:05 – Streamlining and Digitizing the 8(a) Application Process 10:37 – Individual vs. Entity-Owned 8(a) Firms (Alaska Native Corporations) 12:51 – The Rule of Two and Preserving the Small Business Industrial Base 16:15 – GWAC Pools (Women-Owned and HUBZone Set-Asides) 17:40 – Defending and Improving the Women-Owned Small Business Program 21:22 – Debunking Fraud Myths and Highlighting the Multiplier Effect 23:35 – Predictions for the Future of the 8(a) Program 27:19 – The Reality of Sole Source Contracts in Federal Agencies 31:06 – Consolidating the Four SBA Systems into One Unified Platform 36:02 – How System Consolidation Saved Public Service Jobs From DEI Cuts 38:03 – The Mid-2026 Sentiment and Financial Anxiety in the Small Business Community 41:21 – Refection on Returning to Government: Was It Worth It? 44:44 – Leadership Insights: “How Successful People Lead” and Leveling Up 47:46 – Conclusion & Where to Connect with Jackie With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

"When we talk about small businesses being under a microscope, I do worry that the person looking through the lens isn't sure what they're looking for," PSC President Stephanie Kostro said. Fresh off the Professional Services Council annual conference, Stephanie joined Sam on the podcast to discuss the biggest policy issues for small businesses: fraud investigations and audits, the next stage of the FAR Overhaul, and acquisition reform in the military and at GSA. She also walked through the biggest legislative priorities for government contractors looking ahead to the FY27 NDAA, including the potential for action on the Rule of Two. A full transcript is online at http://www.govconintelligence.com. Links Stephanie Kostro bio https://www.pscouncil.org/a/Bios/PSC_Staff/Stephanie_Sanok_Kostro_Bio.aspx About PSC https://www.pscouncil.org/psc/About/About/__p/ca/About.aspx JD Vance’s Anti-Fraud Task Force Uncovers $6 Billion In Suspected Fraudulent Government Contracts https://dailycaller.com/2026/04/08/jd-vance-task-force-eliminate-fraud-six-billion-government-contracts-gsa-edward-forst-taxpayer-waste/ OneGov Saves Taxpayers $1.1 Billion in First Year https://www.gsa.gov/about-gsa/newsroom/news-releases/onegov-saves-taxpayers-11-billion-in-first-year-04292026 GSA Announces OneGov Agreement with Snowflake to Accelerate Data-Driven Technology Adoption https://www.gsa.gov/about-gsa/newsroom/news-releases/gsa-announces-onegov-agreement-with-snowflake-to-accelerate-datadriven-technolo-05212026 Promoting Efficiency, Accountability, and Performance in Federal Contracting (EO 14402) https://www.federalregister.gov/documents/2026/05/05/2026-08900/promoting-efficiency-accountability-and-performance-in-federal-contracting H.R.2804 - Protecting Small Business Competitions Act of 2025 https://www.congress.gov/bill/119th-congress/house-bill/2804/text PSC 2024 Federal Small Business Scorecard https://www.pscouncil.org/__p/cr/r/2024_Business_Forecast_Scorecard.aspx Timestamps Introduction: The State of Federal Contracting 00:00:00 Navigating Fraud Task Forces and Small Business Audits 00:03:33 The Burden on Small Businesses and the Shrinking Procurement Workforce 00:13:37 PSC’s Advocacy Priorities and Defense Acquisition Reform 00:15:27 Looking Ahead to the FY27 NDAA and Commercial Harmonization 00:19:20 Value-Added Resellers in a OneGov World 00:26:20 Mitigating Vendor Lock-In Risks 00:31:21 Anticipating the Revolutionary FAR Overhaul Proposed Rules 00:32:38 Critical FAR Parts for Small Businesses to Track 00:37:32 Navigating the Fixed-Price Contract Mandate 00:38:54 Risk Tolerance and Price Adjustments 00:44:45 Codifying the Rule of Two at the Task Order Level 00:48:00 Tracking Federal Market Forecasts and Scorecards 00:50:56 Conclusion: The Upcoming Federal Acquisition Conference 00:53:30 This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

I sat down last week with Scott Flesch, probably the most experienced bid-protest lawyer ever. Scott was the Chief Trial Attorney for the Army, where he worked on over 2,000 bid protests. He is now a member at Miller & Chevalier, a D.C. law firm. Our conversation started with the most recent Executive Order mandating fixed price contracting, and moved into the risks that contractors face from the FAR’s new class deviations implementing the DEI Executive Order. Scott also discussed the importance of intervening in protests, the differences between GAO and the Court of Federal Claims, and how small-business issues have come up in some recent cases. Links discussed Scott Flesch bio (Miller & Chevalier) Intervention Download: Why Offerors Must Prepare for Bid Protests Executive Order: Promoting Efficiency, Accountability, and Performance in Federal Contracting FAR Council Memo: Agency Implementation of Executive Order 14398, Addressing DEI Discrimination by Federal Contractors Life Sciences Logistics LLC v. United States (Court of Appeals for the Federal Circuit) Global Connections to Employment, Inc. v. United States (Court of Federal Claims) Noblis MSD, LLC v. United States (Court of Federal Claims) Revelations Counseling and Consulting LLC v. United States (Court of Federal Claims) CSlope Solutions LLC (GAO) Timestamps Introduction and the Value of the ABA Public Contract Law Section 00:00:00 The Shift Toward Fixed-Price Contracts 00:03:20 Dealing with Ambiguous Requirements and Bid Protests 00:09:58 Navigating the DEI Executive Order and False Claims Act Risks 00:14:37 Understanding CICA Stays at the GAO 00:23:27 CICA Stay Overrides 00:29:33 Procedures at the Court of Federal Claims 00:38:28 The Role of Intervenor’s Counsel in Bid Protests 00:41:12 The Noblis Case and Pleading for Injunctive Relief 00:50:32 Choosing Between the GAO and the Court of Federal Claims 00:53:21 The Revelations Case and Limitations on Subcontracting 01:00:44 The Certificate of Competency (COC) Process 01:05:23 Conclusion and Contact Information 01:10:20 With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Links discussed 8(a) participants in 2026 EO on Promoting Efficiency, Accountability, and Performance in Federal Contracting White House Budget Request FY27 Appropriations Committee Draft Report on FY27 Government Appropriation Bill SBA Office of Advocacy Leadership GAO decision in KriaaNet, Inc., B-422717.4, B-422717.5, April 23, 2026 GAO decision in Threat Tec, LLC, B-424221, April 23, 2026 Public Law 119-82, Small Business Innovation and Economic Security Act OHA decision in Size Appeal of Nisou Enterprises, Inc., SBA No. SIZ-6380 (2026) Jason Miller: “Is SBA Moving the small business contracting goal posts?” (Federal News Network) Draft SBA FY26 Scorecard factors (Federal News Network) FAR Council Memorandum on Agency Implementation of Executive Order 14398, Addressing DEI Discrimination of Federal Contractors (April 17, 2026) David Fahrenthold, Luke Broadwater, and Andrea Fuller: “Firm Building Trump’s Ballroom Got a Secret No-Bid Contract for a Nearby Job” (New York Times gift link) Correction: When I was referring to 8(a) firms being terminated, that was in April, not August. Timestamps 00:00 – 8(a) Program Data: Shrinking Participation and Audit Impacts 02:54 – SBA Budget Proposals: White House Cuts vs. House Appropriations 06:23 – WOSB Program: Addressing Backlogs and Recertification Surges 07:46 – Congressional Spotlight: The Decline in New Entrants and 8(a) Removals 11:09 – Regulatory Update: Delay of Dodd-Frank Section 1071 Reporting 12:34 – GAO Case Law: Reprocurement and Certificate of Competency (Creanet Case) 18:36 – SBIR Protests: Timeliness and Successor in Interest (ThreatTech Case) 24:41 – SBIR Reauthorization: Program Extension to 2031 and New Security Rules 25:44 – SBIR Program Extension and Security Denials 26:16 – OHA Suspension Appeals and the 8(a) Data Call 28:52 – OHA Case Law: Nisu and Identity of Interest Affiliation 31:12 – The SBA Scorecard and Category Goals 34:50 – Regulatory Developments: FAR Council and DEI Executive Order 36:20 – Q&A: AI in Source Selection and Bid Protests 39:13 – Q&A: 8(a) Sole Source Trends for Native-Owned Firms 43:03 – Q&A: White House Procurements and Sole Source Contracts 45:06 – Q&A: 8(a) Certifications and OHA Remand Timelines With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com. This video is for informational purposes only and does not constitute legal advice. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com

Jackson Moore and I recorded a GovCon Intelligence episode on location in Wilmington, North Carolina. We were on a panel there last week, moderated by Sue Kranes at the North Carolina Military Business Center Construction Summit. Jackson is a partner at Smith Anderson in Raleigh and recently has been writing about AI-related developments in GovCon. We talked about AI hallucinations and more broadly about how using AI can come back to haunt parties in litigation. Then we went back to the topic of our panel: the recent executive order on racially discrimination DEI and IBM’s $17 million settlement. Links Jackson Moore at SmithLaw.com NCMBC Summit Turning Chats Into Trial Exhibits: Litigation Risks of Generative AI Use (smithlaw.com) You Can’t Spell Sanction without “A” and “I”: When Unchecked AI Hallucinations Result in Court Sanctions (smithlaw.com) Whitting v. City of Athens (6th Cir. 2026) AI Hallucinations database (damiencharlotin.com) Appeals of Huffman Construction LLC (ASBCA Oct. 23, 2025) U.S. v. Heppner (S.D.N.Y. Feb. 17, 2026). Steve Koprince: What aspects of federal contracting AI is most likely to get wrong Proposed GSA clause 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems Executive Order on Addressing DEI Discrimination by Federal Contractors IBM Pays $17 Million to Resolve Allegations of Discrimination Through Illegal DEI Practices (justice.gov) 00:00 Welcome From Wilmington 00:26 Meet Jackson Moore 00:55 GovCon Law Practice Overview 01:55 AI In GovCon Law 02:55 Hallucinations And Sanctions 05:59 Verifying Case Citations 07:31 Sharing Data With AI 10:01 Protective Orders And AI 12:33 Discovery Of AI Chats 15:55 AI Gets GovCon Details Wrong 18:26 GSA Proposed AI Clause 23:12 Neutrality And Bias Questions 25:49 DEI Executive Order Fallout 28:29 False Claims Act Enforcement 32:08 Class Deviations And Litigation 36:15 How To Reach Jackson 36:30 Closing Thanks This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.govconintelligence.com