WHAT: The Office of Management and Budget (OMB) recently submitted to Congress 16 proposed changes to procurement laws in support of the “Revolutionary FAR Overhaul” effort, which Wiley has been chronicling here. These...more
7/18/2025
/ Bid Protests ,
Competition ,
Contractors ,
Defense Sector ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Government Agencies ,
Government Efficiency ,
New Legislation ,
OMB ,
Proposed Legislation ,
Regulatory Reform
WHAT: On April 29, 2025, the U.S. General Services Administration (GSA) announced its OneGov Strategy for IT purchases. According to the announcement, “[t]he strategy calls for deeper, direct engagement with [Original...more
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
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
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 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
2/24/2025
/ Department of Government Efficiency (DOGE) ,
Department of Justice (DOJ) ,
Deregulation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
OMB ,
Regulatory Agenda ,
Regulatory Reform ,
Small Business
The first week of the Trump Administration brought a whirlwind of activity and significant changes across many federal agencies. New Executive Orders (EOs), agency directives, and leadership transitions have sent ripples...more
1/30/2025
/ Contract Modification ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Funding ,
Federal Grants ,
General Services Administration (GSA) ,
Government Agencies ,
Infrastructure Investment and Jobs Act (IIJA) ,
OMB ,
Regulatory Agenda ,
Risk Management ,
Trump Administration
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
1/17/2025
/ Bid Protests ,
Competition ,
Conflicts of Interest ,
Contract Terms ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Proposed Rules ,
Public Procurement Policies ,
Reporting Requirements ,
Risk Management ,
Subcontractors
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
1/3/2025
/ Aggravating Factors ,
FAPIIS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Interagency Guidance ,
Mitigation ,
Popular ,
Procurement Guidelines ,
Small Business ,
Suspensions & Debarments ,
System For Award Management (SAM)
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
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
10/11/2024
/ Bid Protests ,
Bid Solicitation ,
COFC ,
Contracting Procedures ,
Eligibility ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Offerors ,
Prime Contractor ,
Registration ,
System For Award Management (SAM)
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
8/16/2024
/ Controlled Unclassified Information (CUI) ,
Corporate Counsel ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NIST ,
Proposed Rules ,
Reporting Requirements
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
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
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
10/12/2023
/ Cloud Computing ,
Controlled Unclassified Information (CUI) ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
DFARS ,
Executive Orders ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Internet of Things ,
Software ,
Subcontractors
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
WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill...more
WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more
7/13/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
DMCA ,
Fair Use ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Information Technology ,
Intellectual Property Protection ,
Machine Learning ,
Web Scraping
WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more
WHAT: On April 25, 2023, the United States Court of Appeals for the Federal Circuit issued a decision in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035, holding that the Contracting Officer’s...more
At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more
3/1/2023
/ Bring Your Own Device (BYOD) ,
Clawbacks ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OIG ,
Self-Disclosure Requirements
WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more
Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more
On May 12, the Biden Administration issued an Executive Order (EO) setting in motion an ambitious plan to rapidly strengthen the cybersecurity posture of the Federal government and its contractors, service providers, and...more