Seyfarth Associate Sarah Barney breaks down the 5 things you need to know about “flowing down” FAR clauses to lower tier subcontractors. The episode highlights the risks and best practices for both prime/higher tier contractors passing along FAR obligations and lower tier subcontractors negotiating applicable flowdowns.
Federal Contracts
Fixed Price Becomes the Default — What the New Executive Order Means
In this episode of Claims & Sustains, we break down the Executive Order pushing agencies toward greater use of fixed-price contracts—and what that means for contractors. We explore the government’s rationale, the practical challenges of shifting risk to industry, and how this policy may reshape pricing, performance, and dispute dynamics. The bottom line: fixed-price…
DOJ’s FOCUS Initiative — The Rise of Data-Miner Whistleblowers
In this episode of Claims & Sustains, we unpack DOJ’s new FOCUS Initiative and what it signals about the future of False Claims Act enforcement. We explain the rise of “data-miner” whistleblowers—outsiders using publicly available data and analytics to identify alleged fraud—and how DOJ is prioritizing high-quality, data-driven qui tam cases. For contractors, the…
DPA Title III and the New Energy Industrial Base
In this episode of Claims & Sustains, Teddie Arnold breaks down the Administration’s recent use of the Defense Production Act to accelerate investment in U.S. energy infrastructure. What looks like energy policy is really a major shift in government contracting—unlocking fast-moving funding opportunities, new deal structures, and heightened compliance risks. We walk through what…
DOT’s DBE Interim Final Rule: What It Means for Current and Out-to-Bid Projects
Seyfarth government contracts attorney Zach Jacobson talks with Seyfarth construction attorney Sydney Jenkins about the U.S. Department of Transportation’s Interim Final Rule reshaping the DBE program and what it means for contractors working on federally funded transportation and airport projects. The conversation draws on Seyfarth’s recent Construction Seyt posts, “California’s DBE Reevaluation Deadline Is…
The Clock Is Still Ticking — Claims Timeliness Across the Boards and at the COFC
Seyfarth associates Zach Jacobson and Sarah Barney reunite to discuss timeliness issues – this time in contract claims and claim appeals.
5 Things to Know About the DEI Executive Order
Seyfarth partners Amy Hoang and Teddie Arnold give you the 5 most important takeaways from the March 26, 2026 Executive Order, “Addressing DEI Discrimination by Federal Contractors.”
Civil Investigative Demands — What They Are, How They Work, and How to Respond
Civil Investigative Demands are often a contractor’s first encounter with a False Claims Act investigation. In this episode of Claims & Sustains, we break down what CIDs are, why DOJ issues them, how they work, and—most importantly—how contractors should respond. We walk through the CID process from receipt to resolution, highlight common pitfalls, and…
Full Count Conflicts: Navigating OCIs on Opening Day
Seyfarth partners Amy Hoang and Adam Lasky discuss organizational conflicts of interest and how, in both baseball and government contracting, you can’t play for both teams.
Just in Time: An Overview of Bid Protest Timeliness
Seyfarth Associates Sarah Barney and Zach Jacobson take the time to review the timeliness for bid protest filings at various forums–GAO, the Court of Federal Claims, and agencies. Their review includes practical guidance on filing deadlines, strategic advice on choosing a forum, and a review of how the different forums (and their timeliness rules)