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On April 20, 2026, the White House issued five presidential determinations invoking Title III of the Defense Production Act (“DPA”) across the domestic energy sector—a significant step that unlocks a powerful set of federal financing tools for energy and infrastructure contractors, as well as the companies making up their supply chains. Each determination declares a core energy system “essential to national defense” and authorizes the Department of Energy (“DOE”) to deploy financial incentives including direct purchases, purchase commitments, loans, and ...
Contractors should prepare to have their next proposal rejected by a chatbot. If you’re competing for an award under Notice ID H9240026RE001, a US Special Operations Command IDIQ, the government disclosed that it “may employ AI as a tool to assist in the analysis and review of offeror proposals,” for tasks like “summarizing proposal content, identifying compliance with request for task order proposal / solicitation requirements, and highlighting areas of potential strength, weakness, or risk.”
The government qualifies its intent to use AI, stating that, “all final ...
Following the government’s very public breakup with Anthropic, GSA released draft artificial intelligence (“AI”) terms and conditions that it intends to include as part of its upcoming Multiple Award Schedule (“MAS”) refresh, currently planned for late March or April 2026. MAS contractors should take note: GSA’s draft clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (Feb 2026) (GSAR Deviation) represents the most comprehensive attempt to define contractor obligations when deploying AI capabilities in the performance ...
Earlier this year, the U.S. Department of Justice (“DOJ”) published its annual statistics on False Claims Act (“FCA”) settlements and judgments for fiscal year 2025—and reported a whopping $6.8 billion in recoveries. Of this amount, DOJ recovered $52 million in FCA cybersecurity actions. These actions were premised on allegations that the contractor failed to implement certain contractual cybersecurity controls during the performance of a government contract.
In many instances, however, liability was not limited to the contractor performing the work, but ...
Introduction
In 2025, federal contractors relied on large language models (“LLM”) for assistance in preparing a significant number of bid and size protests, monetary appeals, and related federal procurement litigation (together “Disputes”). We know that because at least twenty 2025 public Decisions showed the “hallmarks” of Generative Artificial Intelligence misuse (“Gen-AI Misuse”), defined as the intentional or negligent use of an LLM resulting in inaccuracies that waste public and private resources.[1]
LLMs are prone to inaccuracies, fabrications ...
Federal, state, and local governments spend billions of dollars each year on goods and services for their citizens. Our federal government contracts team has a 25-year track record of helping businesses solve problems and achieve their goals in the areas of construction and government contracts. Here, they share their insights as well as important updates.