The Decisions Desk

The Decisions Desk — week of 10 October 2026

2026-10-10

This week: a GAO finding on how an agency must investigate a conflict of interest, GSA's final rule on buying large language models, a Federal Circuit ruling on IDIQ awardee standing, and SBA's 8(a) and size-standard moves.

Written by the Decisions Desk from the published analysis of the firms named below and from public decisions and rules. We summarise in our own words, name and link the firm, and cite the underlying decision. General information, not legal advice.

GAO: an agency must actually ask the relationship question

GAO sustained a protest where the agency's conflict-of-interest investigation was found unreasonable because it did not ask the awardee about a business relationship. The takeaway reported by Covington is that an agency cannot rely on a shallow inquiry; it has to look.

What it means for your next bid: If you think a competitor has an unfair relationship with the evaluation team, the strength of a protest turns on what the agency asked and recorded. Put your concern in writing early, and ask the agency to document its inquiry.

Source: Covington, Inside Government Contracts — GAO Finds Conflict Investigation Unreasonable Where Agency Failed to Ask Awardee About Business Relationship (30 Sep 2026).

GSA issues a final rule on large language model procurements

GSA published a final rule addressing how agencies buy large language model tools. Crowell reports it as the first government-wide rule in this space.

What it means for your next bid: Expect AI-related requirements to appear in statements of work and evaluation criteria. If your offering touches software, data or models, read for new clauses and submittal expectations before you price.

Source: Crowell, Government Contracts Legal Forum — GSA Issues Final Rule on Large Language Model Procurements (6 Oct 2026).

Federal Circuit resolves a split on IDIQ awardee standing

The Federal Circuit resolved a court split over whether a disappointed offeror has standing to challenge an IDIQ award. Crowell explains the ruling and its effect on who can bring a bid protest.

What it means for your next bid: If you lost an IDIQ and are weighing a protest, standing is now on firmer ground in the Federal Circuit. This is worth flagging to counsel before a protest deadline passes.

Source: Crowell, Government Contracts Legal Forum — Federal Circuit Resolves Court Split Over IDIQ Awardee Standing (29 Sep 2026).

Protesting an FAA acquisition goes to ODRA, not GAO

Koprince Law answers a common question: FAA acquisitions are protested at the FAA Office of Dispute Resolution for Acquisition (ODRA), with different rules and deadlines than a GAO protest.

What it means for your next bid: If you sell to the FAA, the forum matters. Sending an FAA protest to GAO can lose it on procedure alone.

Source: Koprince Law, SmallGovCon — GovCon FAQs: How Do I Protest an FAA Acquisition at ODRA? (7 Oct 2026).

SBA's new 8(a) 'potential for success' FAQ

SBA issued a new FAQ on the 8(a) "potential for success" requirement. Koprince Law summarises what it says for firms entering or in the program.

What it means for your next bid: If you are in or seeking 8(a), read the FAQ against your own record before your next annual review.

Source: Koprince Law, SmallGovCon — SBA Issued a New 8(a) Potential for Success FAQ (5 Oct 2026).

SBA extends the comment period on proposed size standards

Covington reports that SBA extended the public comment period on proposed small-business size standards to 20 November 2026.

What it means for your next bid: Size standards decide whether you are "small" on a given procurement. If you sit near a threshold, the comment window is the time to weigh in; a change can move your status.

Source: Covington, Inside Government Contracts — SBA Extends Comment Period on Proposed Small Business Size Standards to November 20 (22 Sep 2026).

New Mexico PFAS rule: paused, but the bans and the deadline stand

A federal court paused a New Mexico PFAS labeling rule, but the bans and the reporting deadline were not stayed. Pillsbury's construction and environment team explains the split.

What it means for your next bid: A pause on one part of a rule does not repeal the rest. If you buy or install products in that jurisdiction, the compliance dates that still apply are the ones to track.

Source: Pillsbury, Gravel2Gavel — Federal Court Pauses New Mexico PFAS Labeling Rule, but Not Its Bans or Reporting Deadline (7 Oct 2026).

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General information, not legal advice. Every item names the firm and links the source; we summarise in our own words and cite the decision. Get the next digest by email, or subscribe for the monthly issue and the full archive.