Revolutionary FAR Overhaul Incorporates New “Addressing DEI Discrimination” Executive Order Provisions
President Trump’s Executive Order 14398, issued March 26, 2026, bans federally‑contracted firms from engaging in racially discriminatory DEI activities and adds clause RFO 52.222‑90 to the FAR. The FAR Council responded on April 20 with model deviations for FAR Parts 9, 12, 22 and 52, plus implementation guidance requiring agencies to adopt the changes by April 27 and modify existing contracts by July 24. The new clause mandates flow‑down to all U.S. subcontractors and ties non‑compliance to suspension, debarment or termination for convenience.
Indirect Doesn’t Mean Exempt: ASBCA Rejects Cross‑Motions Over U.S.-Flag Transportation Costs
The Armed Services Board of Contract Appeals ruled that U.S.-flag transportation clauses apply regardless of whether shipping costs are classified as direct or indirect. Lockheed Martin’s attempt to shield roughly $98 million of foreign‑flag freight costs by allocating them to indirect...
“Adjusting Certain Delegations”: New Executive Order Aims to Streamline and Clarify Delegated Authorities Under the Defense Production Act
On March 13, 2026 President Trump issued an Executive Order that revises the delegation framework of the Defense Production Act. The order transfers direct DPA authority over energy‑related resources from the Department of Commerce to the Department of Energy and clarifies how...
Tariff Takedown: Implications of Tariff Refunds for Government Contractors
On February 20, 2026 the Supreme Court ruled that the Trump‑era tariffs were not authorized under the International Emergency Economic Powers Act, and on March 4 the Court of International Trade began liquidating refunds for those duties. The rulings trigger...
Is Congress Finally Reauthorizing SBIR/STTR—And What’s Changing?
On March 3, 2026 the Senate passed the Small Business Innovation and Economic Security Act (S. 3971), reauthorizing the SBIR/STTR programs through September 2031. The legislation adds a new Strategic Breakthrough Award that can fund up to $30 million over 48 months for...
Defense Industrial Base Consortium Issues New Critical Minerals Request for Project Proposals
On February 27, 2026 the Defense Industrial Base Consortium (DIBC) released a new Request for Project Proposals (RPP) focused on thirteen strategic and critical minerals, with Phase 1 submissions due March 20. The solicitation follows Executive Order 14241 and aims to diversify U.S....
FAR Council Issues Notice of Proposed Rulemaking to Implement Prohibition on Acquisition of Certain Semiconductors
On February 17, 2026 the Federal Acquisition Regulation Council issued a Notice of Proposed Rulemaking to amend the FAR and enforce Section 5949 of the FY23 National Defense Authorization Act. The proposal bans federal agencies from acquiring semiconductor parts, products,...
GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security
On February 18, 2026 the General Services Administration issued a proposed revision to the System for Award Management (SAM) certifications required of federal financial assistance recipients. The draft adds attestations covering diversity, equity and inclusion (DEI) compliance, immigration status verification,...
OMB Rescinds the “Common Form” Secure Software Attestation Requirement
On Jan. 23, 2026 the Office of Management and Budget issued Memorandum M‑26‑05, rescinding the Biden‑era mandate that all federal agencies obtain a CISA “Common Form” software attestation. The new memo replaces the one‑size‑fits‑all requirement with a risk‑based, agency‑specific approach while...
Stop-Work Means Stop Work (…Until It Doesn’t): Lessons From Wolverine Tube
The Armed Services Board of Contract Appeals ruled in Wolverine Tube, Inc. that the Air Force’s stop‑work order, issued under FAR 52.242‑15, automatically expired after its 90‑day limit because the government never cancelled or extended it. The Board rejected the Air...
Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026
The U.S. Defense Logistics Agency is accelerating critical‑minerals stockpiling, with a $1 billion procurement plan announced for 2025 and new RFIs covering scarce elements such as scandium, tungsten and rare‑earths. Recent legislation, notably the One Big Beautiful Act, injected $2 billion into the National...
Pentagon Releases Artificial Intelligence Strategy
The Pentagon unveiled an "AI‑first" strategy, appointing the Under Secretary for Research & Engineering as a single chief technology officer with decision authority. The plan centers on seven pace‑setting AI projects that span warfighting, intelligence and enterprise missions, backed by...