If your supply chain crosses a border, your FAR 52.222-90 flowdown is probably already wrong. Either it overpromises in ways an EU, UK, or South African supplier cannot sign without violating local law, or it underpromises and creates False Claims
McCarter & English, LLP
McCarter & English, LLP is a law firm with multiple offices across the United States. The firm publishes insights and analysis primarily focused on various legal practice areas including corporate law, litigation, intellectual property, labor and employment, government contracts, and regulatory compliance. Their content often addresses developments in federal acquisition regulations, defense procurement, cost accounting standards, and government shutdown impacts on contractors. The firm provides detailed commentary on legal and regulatory changes affecting industries such as energy, healthcare, technology, and finance. Their publications serve clients and professionals seeking updates on legal strategies, compliance issues, and industry-specific legal challenges.
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Everything Everywhere All at Once: The Contractor DEI Clause Hits HR, Supply Chains, Invoices, and Subcontracts
Federal contractors looking for the “DEI issue” in FAR 52.222-90 may be looking in the wrong place. Yes, the clause is about what Executive Order 14398 calls “racially discriminatory DEI activities.” But that’s only the starting point. The new clause…
DOJ Stands Up a New Fraud-Fighting Division: What Government Contractors Need to Know About the National Fraud Enforcement Division
On April 7, 2026, Acting Attorney General Todd Blanche issued a memorandum establishing the National Fraud Enforcement Division (“NFED”) within the U.S. Department of Justice (“DOJ”). Announced in a corresponding DOJ press release, the NFED is the Department’s first…
Semiconductors: Another Link to Ever-Extending Curation of the Federal Supply Chain
Given recent world events and their attendant economic shocks, 2026 looks to be another year of supply chain gyration. Government contractors, besides having to cope with such shocks, must add semiconductors to the list of supply chain concerns. Semiconductors, as…
Don’t Put Your Background IP into It: Protecting What’s Yours
Clear and precise recognition and treatment of intellectual property (IP) are critical in government contracting because the ownership and use of preexisting IP, so-called “Background IP,” turn on the timing of, and funding sources for, the development of the IP.…
When “Reasonable” Means More Than a Weekend: GAO Sustains Protest Over Compressed Response Times
A contracting officer issues a solicitation amendment on a Friday afternoon, reverses course by Friday evening and demands a revised quotation by noon on Saturday, then changes the requirements again on both Sunday and Monday with a response window of…
Beyond the Headlines: The Real Contractor Risks in the New DEI Executive Order
The biggest danger may be misreading the order—and creating new exposure in the process.
On March 26, 2026, President Trump issued an executive order (EO) titled “Addressing DEI Discrimination by Federal Contractors.” Read at the headline level, the…
Feature Comment: Flag on the Field: Artificial Intelligence and the State of Play in Federal Contracting
Organizations across industries are incorporating or evaluating AI to improve workflow, increase productivity, and reduce costs. The Federal Government is doing the same. The Department of Defense has taken an especially assertive approach, issuing an AI Strategy earlier this year…
SBA Expands Administrative False Claims Act Enforcement: What Federal Contractors Need to Know
The Administrative False Claims Act of 2023 (AFCA), Pub. L. 118-159, § 5203, enacted December 23, 2024, substantially amended the Program Fraud Civil Remedies Act (PFCRA). On March 19, 2026, the Small Business Administration (SBA) published a direct final rule…
Spring Cleaning Your Proposals: GAO’s Latest Reminder That Compliance Is Critical
As we move into spring—a season for tightening processes, clearing the backlog, and getting every detail right—a recent Government Accountability Office (GAO) bid protest decision delivers a timely reminder: in government contracting, a single compliance miss can be outcome determinative.…