Gov't Contracting Policies to Watch in the 2nd Half of 2025

Government Contracts attorney Jeremy Burkhart was quoted in a Law360 article analyzing the top issues affecting federal contractors to watch throughout the rest of 2025. The article highlighted notable changes initiated by the Trump Administration, such as a fee-shifting provision for unsuccessful U.S. Government Accountability Office (GAO) bid protests and an overhaul of the Federal Acquisition Regulation (FAR). Mr. Burkhart commented on the U.S. Small Business Administration's (SBA) plan to expand "rule of two," which would require task and delivery orders made under multiple-award contracts (MACs) to be set aside for small businesses under certain circumstances. The U.S. Department of Defense (DOD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) issued corresponding proposed rules earlier this year, but they have since been withdrawn. Mr. Burkhart said he anticipates the administration will also withdraw the SBA's proposed rule.

"I think that the administration supports small businesses, but they also have this occasionally competing principle of trying to get the government the best deal. So, I anticipate that things are going to be done at the margins to reduce some of the requirements to utilize set-asides," he added.

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