The Case Against the FAR Overhaul (with Marcos Gonzalez)

September 1
54 mins

Episode Description

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.



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