Scott Flesch was quoted on major procurement changes coming in 2026, including the Trump administration's Federal Acquisition Regulation (FAR) overhaul. Congress included a provision in the 2026 National Defense Authorization Act (NDAA) to revise the FAR Supplement to establish procedures under which a contracting officer can withhold up to five percent in payments to an incumbent when they file a bid protest at the Government Accountability Office (GAO) over a procurement involving the same or similar goods or services. The procedures will also allow the contracting officer to determine whether the withheld payment should be forfeited if the incumbent's protest is dismissed for lacking any reasonable legal or factual basis. Section 875 of the 2026 NDAA will likely be implemented by the Department of Defense (DoD) in 2026. Flesch warns this could backfire: "Where it appears that Congress tried to find a middle ground... may, in fact, invite additional litigation related to decisions to withhold and forfeitures," he said.