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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

Trump Administration Seeks to Consolidate Government Procurement, Eliminating Duplicative Contract Vehicles

The Trump Administration’s ongoing effort to rein in government spending continues with the issuance of an Executive Order (EO) aimed at consolidating federal procurement authority in the U.S. General Services Administration...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

DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving...more

[Webinar] What To Do If Your Federal Contract Has Been Stopped or Terminated - March 6th, 12:00 pm - 1:30 pm EST

The Trump Administration and its newly-formed Department of Government Efficiency (DOGE) has been taking unprecedented actions affecting federal contractors. Initially, agencies were directed to “freeze” or “pause” funding,...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

FHWA Rescinds Longstanding Buy America Waiver for “Manufactured Products”

WHAT: On January 14, 2025, less than a week before President Biden left office, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) published a final rule updating its Buy America rules to rescind...more

New Executive Order Rescinds EO 11246; Directs Changes to Nondiscrimination Landscape for Federal Contractors and Grantees

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Consistent with the EO titled “Ending Radical and Wasteful Government DEI...more

What Contractors Need to Know About DOD’s National Defense Industrial Strategy

WHAT: On January 11, 2024, the U.S. Department of Defense (DOD) published its National Defense Industrial Strategy (NDIS). In line with DOD’s continued emphasis on modernizing and strengthening the supply chain and...more

OMB Issues Updated Guidance on Implementing Build America, Buy America Requirements

WHAT: The Office of Management and Budget (OMB) recently issued an update to its initial guidance on implementing the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. This is the third set of...more

Interim Rule Requires Contractors to Secure Supply Chains Involving Covered Articles and Sources Subject to FASC Exclusion and...

WHAT: A new interim rule prohibits contractors from delivering or using covered articles and sources that are subject to exclusion or removal orders issued under the Federal Acquisition Supply Chain Security Act of 2018...more

OMB Issues Final Guidance on Implementation of Build America, Buy America Act

WHAT: The Office of Management and Budget (OMB) issued long-awaited final guidance on the implementation of the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. As we’ve highlighted in prior...more

Deadline Approaching for Submitting Comments on FHWA’s Review of Longstanding Buy America Waiver for “Manufactured Products”

WHAT: The period for submitting comments on the Federal Highway Administration’s (FHWA) review of its longstanding waiver of Buy America requirements for “manufactured products,” which was originally set to close on April 17,...more

Recent False Claims Act Decision Offers Important Lessons on Risks and Perils of GSA Schedule Contracting, Calculation of Damages...

After more than 10 years of litigation and a four-week bench trial, a District Court in D.C. recently found a contractor liable under the False Claims Act (FCA) in connection with the U.S. General Services Administration’s...more

OMB Issues Proposed Guidance on Requirement for U.S.-Produced Construction Materials in Infrastructure Projects

WHAT: Following the State of the Union, in which President Biden reiterated the Administration’s focus on made-in-America infrastructure, the Office of Management and Budget (OMB) issued proposed guidance aimed at...more

Department of Defense Issues Interim Rule Requiring Disclosure of Chinese Workforce and Facilities

WHAT: The Department of Defense (DoD) issued an interim rule requiring certain Defense contractors and subcontractors to disclose the use of workers and facilities in People’s Republic of China (PRC)....more

Bicameral Bill Proposes Revising the Definitions of Commercial Product and Adequate Price Competition, Other Strategies Targeted...

WHAT: Sen. Elizabeth Warren (D-MA) and Rep. John Garamendi (D-CA) introduced the “Stop Price Gouging the Military Act” as S. 4374 and H.R. 8007, respectively, to prevent perceived price gouging by U.S. Department of Defense...more

Continuing Changes in “Buy American” Rules for Federal Contracts and Federally Funded Infrastructure Projects

Despite the deep partisan divides that exist in Washington, there is one issue that both parties seem to agree on: strengthening “Buy American” preferences when using government funds. ...more

More Changes to Buy American Act

WHAT: As previewed in our prior alert, the Federal Acquisition Regulatory (FAR) Council on March 7, 2022 issued a final rule aimed at strengthening Buy American rules applicable to federal procurement. The final rule, which...more

FAR Council Issues Proposed Buy American Rule

WHAT: Consistent with President Biden’s Executive Order (EO) related to strengthening “Made In America Laws,” the Federal Acquisition Regulatory (FAR) Council issued a proposed rule that would once again alter existing Buy...more

GSA’s Transactional Data Reporting (TDR) Pilot Gets Green Light For Expansion, Despite Blistering Criticism From GSA OIG

Despite a highly critical audit report from the General Services Administration (GSA) Inspector General (OIG), GSA has nevertheless signaled its intent to continue with a “focused expansion” of its controversial Transactional...more

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