As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights.
Continue Reading CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff Time
A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time.
Continue Reading Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff TimeSBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size Determination
On April 8, 2026, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) denied an appeal arguing that a concern’s early submission of its proposal with pricing was an attempt to “end-run the regulations” for when size is determined. In Size Appeal of DecisionPoint Corporation, SBA No. SIZ-6379, OHA confirmed that a company’s size is determined on the date it submits its initial offer which includes price, even if the proposal is submitted in advance of the proposal submission deadline and the offeror becomes large before the provided deadline.
Continue Reading SBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size DeterminationSmall Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to Know
On April 13, 2026, President Trump signed into law the Small Business Innovation and Economic Security Act, which reauthorized the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs are Small Business Administration-sponsored initiatives intended to encourage small business contractors to conduct early-stage research and development (R&D) and help foster technological innovation related to U.S. government needs across several federal agencies, including the Department of War, Department of Energy, National Aeronautics and Space Administration, and National Institutes of Health. SBIR/STTR are sometimes referred to as “America’s Seed Fund.” Consistent with that characterization, SBIR contractors performing in the defense and technology space are often the focus of venture capital and private equity interest and investment.
Continue Reading Small Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to KnowSBIR/STTR Programs Reauthorized After Six-Month Lapse
On April 13, 2026, President Trump signed the Small Business Innovation and Economic Security Act of 2026 (S. 3971) (the Act), extending the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs through September 30, 2031. The legislation cleared the U.S. Senate on March 3, 2026 and then was passed by the U.S. House of Representatives on March 17, 2026 after a six-month interruption in program authority that halted the issuance of new awards across federal agencies. The programs’ previous authorization expired on September 30, 2025.
Continue Reading SBIR/STTR Programs Reauthorized After Six-Month LapseFastest 5 Minutes: Audits of Federal Small Business Program Awards
This episode addresses efforts by various federal government agencies to audit and investigate purported ‘waste, fraud, and abuse’ in small business set-aside awards, and is hosted by Yuan Zhou, Olivia Lynch and Zach Schroeder. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory
DoW’s Previously Announced 8(a) Audit Expanded to Include All Small Business Set-Aside Awards over $20 Million
As we previously reported, on January 16, 2026, the Department of War (DoW) announced an audit of 8(a) sole source awards over $20 million, joining the previously-announced audits by the Small Business Administration (SBA) and U.S. Treasury Department (discussed here and here). A DoW memorandum also dated January 16, 2026 but only recently made public reveals that this audit is much broader in than originally announced. Any active 8(a) sole source contract, 8(a) set-aside contract, or small business set-aside contract over $20 million is under scrutiny.
Continue Reading DoW’s Previously Announced 8(a) Audit Expanded to Include All Small Business Set-Aside Awards over $20 Million8(a) Participants – and the 8(a) Program – Under the Microscope or on the Chopping Block
The Small Business Administration (SBA) has rolled out changes to its 8(a) Program even as it suspends 8(a) participants for failure to respond to the SBA’s December 5, 2025 8(a) audit letters.
Continue Reading 8(a) Participants – and the 8(a) Program – Under the Microscope or on the Chopping BlockDoW Joins SBA’s Fight Against Alleged Pass-Through Fraud in the 8(a) Program
- First, the DoW will prioritize “a line-by-line
The FY 2026 National Defense Authorization Act
On December 18, 2025, the Fiscal Year 2026 National Defense Authorization Act (FY 2026 NDAA) (P.L. 119-60) was signed into law. The Act makes significant changes to defense acquisition, sourcing restrictions, and interactions between the Defense Industrial Base (DIB) and the Department of Defense (DOD).
Continue Reading The FY 2026 National Defense Authorization Act