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New Executive Orders Call for Rewriting Federal Procurement Rules, Maximizing Commercial Acquisitions

WHAT: President Trump issued two new Executive Orders (EOs) on April 15 and April 16, 2025, focused on federal procurement streamlining. The April 15 EO, entitled “Restoring Common Sense to Federal Procurement,” is intended...more

“Modernizing Defense Acquisition” EO Directs “Comprehensive Overhaul” of DOD Acquisition System

WHAT: The Trump Administration issued an Executive Order (EO) to kick off a “comprehensive overhaul” of the U.S. Department of Defense (DOD) acquisition system, aiming to “rapidly reform” acquisition processes with an...more

Trump Administration Revamps Guidance on Federal Use and Procurement of AI

On April 3, the Office of Management and Budget (OMB) released two much-anticipated memos that will impact the use and procurement of artificial intelligence (AI) by the federal government, signaling an appetite to move...more

Potential Government Shutdown Nears as Negotiations Stall on the Hill

WHAT: The March 14 funding deadline is fast approaching, and it is increasingly likely that the federal government may shut down. Although the House narrowly passed a funding bill this week, the Senate has signaled that it...more

President Trump Issues New EO to Improve “Cost Efficiency” of Government Contracts and Grants

On February 26, 2025, the Trump Administration issued a new Executive Order (EO) that will significantly impact existing and new government contracts and grants. The stated purpose of the EO, titled “Implementing the...more

“Deregulatory Review” EO Could Provide Opportunity to Streamline Government Contracting Rules

President Trump issued an Executive Order this week that broadly targets federal regulations and guidance for review and rescission, amid a flurry of activity focused on limiting the size and reach of government. The February...more

[Webinar] Understanding the New Administrative False Claims Act - February 19th, 12:00 pm - 1:00 pm EST

Join us for a webinar on the newly enacted Administrative False Claims Act (AFCA), a significant update to the Program Fraud Civil Remedies Act of 1986. This session will explore administrative agencies’ expanded powers...more

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

FAR Council Issues Long-Awaited Final Rule to Harmonize (Almost) Procurement and Nonprocurement Suspension and Debarment Rules

WHAT: On January 3, 2025, the Federal Acquisition Regulation (FAR) Council published its final rule to amend the FAR to improve consistency between the procurement and nonprocurement rules on suspension and debarment. The...more

A Looming Government Shutdown Is Hours Away: A Reminder of What Contractors Need to Know

WHAT: The odds of a federal government shutdown occurring have increased substantially after a gridlocked Congress, spurred by the incoming Administration, has been unable to reach an agreement on a continuing resolution, and...more

New Administrative False Claims Act Gives Federal Agencies More Power to Pursue and Settle Fraud Claims in 2025

Buried deep in the 2025 National Defense Authorization Act is a change to federal law that could breathe new life into an often-neglected civil fraud enforcement tool in the coming year. The newly anointed Administrative...more

DOD Crystalizes CMMC 2.0 Program Rule - UPDATED October 22, 2024.

WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) published the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

DOD Seeks Public Comment to Aid Its Adoption of AI in Defense Applications

WHAT: On May 22, 2024, the U.S. Department of Defense (DOD) Office of Industrial Base Resilience (OIBR) released a notice for public comment regarding actions the DOD can take to enable the Defense Industrial Base (DIB) to...more

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

[Webinar] Government Contracts Boot Camp Series - Significant Developments in Government Contracting (2023-2024 to date) - March...

This extended (90 minute) Boot Camp will review: - Recent legislation and notable regulatory changes affecting government contractors, including pending legislation and potential forthcoming rules; - Relevant...more

DOJ Signals Tough Stance on Crimes Involving Misuse of Artificial Intelligence

WHAT: Deputy Attorney General (DAG) Lisa O. Monaco delivered remarks at the University of Oxford in the United Kingdom on “the Promise and Perils of AI.” Her remarks focused on the U.S. Department of Justice’s (DOJ) use of...more

FAR Council Proposes Changes to Harmonize Procurement and Nonprocurement Suspension and Debarment Rules

WHAT: On January 9, 2024, the Federal Acquisition Regulation (FAR) Council published a proposed rule to amend the FAR to improve consistency between the procurement and nonprocurement rules on suspension and debarment. The...more

OMB Proposes Far-Reaching AI Risk Management Guidance Following AI Executive Order

On November 1, 2023, the Office of Management and Budget (OMB) released a Proposed Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Draft Memorandum), which aims...more

New AI Executive Order Outlines Sweeping Approach to AI

On October 30, 2023, the White House released an Executive Order for Safe, Secure, and Trustworthy Artificial Intelligence (EO), which outlines a sweeping plan for encouraging the development and managing the risks of...more

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more

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