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Following a tumultuous start to fiscal year 2026, including a government shutdown that lasted 43 days, the National Defense Authorization Act for fiscal year 2026 (NDAA 2026), Pub. L. 119-60, was passed by Congress and signed into law on December 18, 2025. NDAA 2026 is a critical legislative act, setting acquisition reforms and policies and authorizing appropriations and funding levels for the Department of Defense (DoD). With $900.6 billion in funding for the DoD, NDAA 2026 contains a plethora of acquisition reform provisions and critical updates impacting defense contractors. Title XVIII of NDAA 2026 significantly increased certain acquisition thresholds, including triggers for the Truthful Cost or Pricing Data Act (formerly the Truth in Negotiations Act) and Cost Accounting Standards application, which you can read about here. Additionally, NDAA 2026 increases the thresholds for noncompetitive acquisitions and when information technology requirements qualify as a major system.Continue Reading FY2026 NDAA: Major Increases to Critical Acquisition Thresholds

The US Department of Justice’s (DOJ) new Data Security Program (DSP), designed to protect sensitive information and national security-related data from misuse by foreign actors, took full effect on October 6, 2025. The program introduces new restrictions on how companies handle and share sensitive US personal data and government-related data, especially when certain foreign entities are involved. With enforcement underway, companies should understand who is covered, what activities are restricted, and what compliance measures are required. Failure to comply with the rules can result in civil or criminal penalties.Continue Reading DOJ Launches New Data Security Program—What Your Company Needs to Know

The DoD has finally crossed the CMMC finish line, but for contractors, the race is just beginning. With the Final Rule effective Nov. 10, award eligibility will hinge on a “current” CMMC status in SPRS, backed by annual affirmations and strict compliance. The next two months are critical for getting race-ready. In this Featured Comment…

On July 31, 2025, the Court of Federal Claims (COFC) issued its decision in The DaVinci Company v. United States. The case is noteworthy for contractors grappling with geographical supply chain concerns because it elucidates the extent to which two cornerstone country-of-origin procurement statutes—the Buy American Act (BAA) and the Trade Agreements Act (TAA)—can be misunderstood and misapplied by the government.Continue Reading Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical Pharmaceutical

Earlier this year, we addressed a growing sense of confusion and unease among federal contractors relating to shifting diversity, equity, and inclusion (DEI) standards. Specifically, awardees had to take stock of the Department of Justice’s (DOJ) newly launched Civil Rights Fraud Initiative. DOJ explained that it intended to pursue False Claims Act (FCA) cases against “any recipient of federal funds that knowingly violates federal civil rights law,” with an emphasis on unlawful DEI workplace programs. But given this year’s abrupt shift regarding DEI standards, contractors were left to guess which conduct could put them in DOJ’s crosshairs. On July 29, DOJ elaborated on what it considers “unlawful discrimination,” issuing Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (“Guidance”) to all federal agencies. The Guidance outlines what DOJ deems “best practices” so that any organization that receives federal financial assistance—e.g., universities, local governments, and nonprofit organizations—can take practical steps “to minimize the risk of violations.”Continue Reading New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

“Beware the Jabberwock, my son! The jaws that bite! The claws that catch!”

– Lewis Carroll: “Jabberwocky,” Through the Looking-Glass, and What Alice Found There (1872)

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as with USAID, effective disbandment), contractors may feel like Alice stepping through the Looking Glass into a world strangely inverted from the one they knew. This shift is especially evident in the administration’s rejection of seemingly all diversity, equity, and inclusion (DEI) policies—long used to prevent discrimination, comply with civil rights laws, and foster inclusive environments in the American workforce.Continue Reading Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

On April 15, 2025, the Department of Defense (DoD) released official guidance on Organizationally Defined Parameters (ODPs) appearing in the newly published NIST SP 800-171 Revision 3. At the same time, the DoD reaffirmed that contractors must continue complying with Revision 2 thanks to a previously issued class deviation. What does this mean in plain terms? The DoD is slowly pulling back the curtain on the next major shift in cybersecurity compliance. Still, the full prestige hasn’t happened yet.Continue Reading The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined Parameters

On February 26, 2025, the White House issued another Executive Order (EO) that will have major implications for Federal government contractors across numerous industries and agencies. The new EO, entitled Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative, requires every agency to work with that agency’s DOGE Team Lead (i.e., the leader of the DOGE Team at each agency, as defined in Executive Order 14158) to, among other things, conduct a review of covered contracts and grants, set up guidance for new contracts aimed at promoting efficiency and the Trump administration’s priorities, and build a system to track and justify payments made to contractors. What does that mean for you? Consider the below.Continue Reading New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025. The Order will have an immediate impact on federal contractors and subcontractors currently subject to the affirmative action obligations concerning women and minorities under now-revoked Executive Order 11246 dated September 24, 1965 (and the subsequent executive orders that refined these obligations). It also signals a significant change in the focus of federal enforcement of equal opportunity laws. The Order does NOT, however, change any of the substantive federal law regarding employment discrimination. Under Title VII of the Civil Rights Act of 1964, it remains illegal for employers to make employment decisions on the basis of race, color, religion, sex, or national origin. Other federal and state statutes prohibit making employment decisions on various other bases, including age, disability, genetic make-up, etc.; none of these substantive laws have been changed. So what has changed?Continue Reading DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers

After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the Proposed Rule). Published in the Federal Register on January 15, 2025 (90 FR 4278), the Proposed Rule (stemming from FAR Case 2017-016) has been a long time coming and is intended to establish a government-wide standard for managing sensitive information, ensuring CUI uniformity and consistency across all agencies and federal contracts.Continue Reading They Did It. They Really Did It! The Arrival of the FAR CUI Proposed Rule