At the end of 2024, Senator Roger Wicker (R-MS) published a plan (“Restoring Freedom’s Forge: American Innovation Unleashed”) and introduced a bill (the Fostering Reform and Government Efficiency in Defense Act or FoRGED Act)…
more
/ Administrative Law, Military Law, Government Contracting
The current administration’s efforts to reform the Federal Acquisition Regulation (FAR) are now officially underway. On April 15, 2025, in an Executive Order titled Restoring Common Sense to Federal Procurement (EO or “Order”),…
more
/ Administrative Law, Commercial Law & Contracts, Government Contracting
The Administration signed two Executive Orders (EOs or “Orders”) and one Presidential Memorandum (“Memo”) on April 9, 2025, that aim to make federal procurements faster and more efficient:
1.Modernizing Defense Acquisitions…
more
/ Administrative Law, Government Contracting, International Law & Trade
This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an…
more
/ Administrative Law, Government Contracting
On April 3, 2025, the Office of Management and Budget (OMB) issued two memoranda implementing President Trump’s Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence. Memorandum M-25-21,…
more
/ Government Contracting, Privacy, Science, Computers, & Technology
The Federal Acquisition Regulation, initially issued on April 1, 1984, appears poised to be rewritten. Several online sources reference a GSA announcement posted on Friday, April 4, that supposedly heralded a bottom-up rewrite…
more
/ Administrative Law, Government Contracting
FedRAMP Director Pete Waterman recently unveiled the “FedRAMP 20x” plan – a proposal designed to reimagine and reformulate the FedRAMP authorization process for federal government use of cloud-based products and services…
more
/ Administrative Law, Government Contracting, Science, Computers, & Technology
Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC…
more
/ Administrative Law, Civil Procedure, Government Contracting
In recent years, presidents have attempted to impose minimum wage requirements on federal contractors without the need to go through Congress. These requirements have been in addition to the wage floors set by individual states…
more
/ Administrative Law, Government Contracting, Labor & Employment Law
This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability of…
more
/ Commercial Law & Contracts, Construction Law, Government Contracting
There is no law or regulation instructing contractors how to mark commercial technical data delivered to the Department of Defense (DoD). Yet the DoD Federal Acquisition Regulation Supplement (DFARS) is quite clear that…
more
/ Commercial Law & Contracts, Government Contracting, Intellectual Property
To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an agency’s…
more
/ Administrative Law, Commercial Law & Contracts, Government Contracting
The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to the…
more
/ Commercial Law & Contracts, Government Contracting, Military Law
President Trump has called himself the “Tariff Man” and has said that “Tariffs are the greatest thing ever invented.”[1] It therefore should come as no surprise that, in the first month since taking office, he has announced…
more
/ Antitrust & Trade Regulation, Government Contracting, International Law & Trade
On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other…
more
/ Administrative Law, Civil Rights, Labor & Employment Law, Government Contracting