In Viderity Inc. – Costs, GAO found an agency’s investigation into a potential conflict of interest to be unreasonable where the agency “failed to inquire with” the awardee-intervenor “as to whether the firm had a business relationship with” an
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Presidential Memorandum Tasks Agencies with Removing Canadian Origin Items from Federal Procurement System
On September 16, 2026, President Trump issued a Presidential Memorandum (the “Memorandum”) titled “Restoring Reciprocity in Government Procurement,” which aims to remove Canadian origin items from the U.S. government procurement system. The Memorandum provides few details on how this policy
SBA Extends Comment Period on Proposed Small Business Size Standards to November 20
The U.S. Small Business Administration (“SBA”) has extended the comment periods for its proposed overhaul of small business size standards and its accompanying Revised Size Standards Methodology by 60 days, from September 21 to November 20, 2026.
As we discussed
Right to Repair or Rewrite of DoW Data Rights? Five Questions for Defense Contractors
Congress is considering so-called “right to repair” legislation that could produce one of the most consequential changes to Department of War (“DoW”) intellectual property rights in decades. Provisions advanced during consideration of the Fiscal Year (“FY”) 2027 National Defense Authorization
CMMC Reform Task Force Updates September 2026
Several months into the Department of War’s (DoW) suspension of the next phase of the Cybersecurity Maturity Model Certification (CMMC) Program, contractors are continuing to navigate uncertainty relating to the program. With the Department’s review underway, this post takes stock
Department of War Issues Memorandum Aimed at Strengthening the Industrial Base Through Acquisition Reform
On September 14, 2026, Deputy Secretary of War Stephen Feinberg issued a memorandum and an accompanying appendix focused on strengthening the defense industrial base by reforming acquisition requirements related to a wide range of issues, including accounting standards, efficiency, government
County of King v. Turner Raises Questions About Executive Agency Authority to Impose False Claims Act and Other Certifications on Federal Funds Recipients
Key Takeaways:
- Ninth Circuit limited agency authority to impose grant conditions.
- Court rejected executive agency attempts to define FCA materiality through certifications.
- Decision found other policy-based grant conditions also exceeded executive agency authority, including compliance with federal anti-discrimination laws beyond
The U.S.-India Reciprocal Defense Procurement Agreement: A New Chapter in a Complex Relationship
For decades, the United States and India circled each other as potential defense partners—aligned by democratic values and shared strategic concerns, yet separated by Cold War legacies and divergent procurement cultures. Now, a proposed Reciprocal Defense Procurement Agreement (“RDPA”) promises
DoW Issues Revision 3 of its Class Deviation on Security Requirements
On September 3, 2026 the Department of War (DoW) issued Revision 3 to its Class Deviation and associated Procedures, Guidance and Information (PGI) that implements a new Part 240 (consistent with the Revolutionary FAR Overhaul of Part 40, which we
Mapping China in the National Defense Authorization Act for FY 2027 | Part I: The Expanding Acquisition Perimeter