FAR

For just over a year, the federal government has been running a strange experiment in technology procurement. Through its OneGov program, the General Services Administration (GSA) put leading enterprise artificial intelligence (AI) platforms in agencies’ hands for $1 or less. Three of those offers were set to expire on September 30, 2026.

Now we know what comes next, at least for one of them. On September 10, GSA announced the first agreement in the next phase of its OneGov AI strategy. The $1 price was replaced by a 27-month consumption-based arrangement running from October 1, 2026, through December 31, 2028. During this period, agencies pay no platform fee and make no minimum commitment, but they pay for usage at 50% off token-based pricing. Usage eligibility extends not only to all three federal branches but also to state, local, and tribal governments. GSA notes that the deal includes a one-year check-in and requires providers to report utilization and cost-savings data (feeling very transactional data reporting-esque).

So the free trial isn’t exactly over, but the flat price that never rose with use is gone. That changes the question for agencies. It’s no longer about whether to try it; it’s about what the technology costs at scale and what it would cost to exit.

Continue Reading The $1 AI Honeymoon Is Over, and GSA Has Drafted a Postnup

If you have opened a federal solicitation this year and felt like you were reading two rulebooks stapled together, you were not imagining it. Since the Federal Acquisition Regulation (FAR) overhaul began, agencies have been buying under class deviations while the FAR Council works on making the new text official. The result is a generation of solicitations that cite the overhauled FAR in one clause and the old one in the next. Now the Government Accountability Office (GAO) has weighed in, and its answer is one part sympathy and three parts homework.

Continue Reading Not a Model of Clarity: GAO Takes Its First Hard Look at Solicitations That Mix the Old FAR with the New

The Federal Acquisition Regulatory Council’s latest Revolutionary FAR Overhaul proposals include significant changes for federal contractors, including new rules affecting required-use contract vehicles, commercial contracting, source selection, contract types and technical data rights. McCarter Government Contracts & Global Trade partners Franklin C. Turner and Alexander W. Major examine the proposals, identify the changes that matter…

Here is a scenario that should keep every proposal manager up at night. You hit “send” on a corrected quote 29 minutes before the contracting officer’s deadline. The agency’s own email security software holds it for 42 minutes and drops it into her inbox 14 minutes late. You win the award anyway. Then the incumbent files a protest, having found the timestamps in the administrative record, and the US Court of Federal Claims (COFC) takes the award away. That is what happened in FYI-For Your Information, Inc. v. United States, No. 26-cv-0032 (Fed. Cl. Aug. 24, 2026), and the lesson is blunt. Late is late, even when the Government’s own server is the reason.

Continue Reading Held at the Gate: COFC Enjoins a DEA Award Because the Agency’s Own Email Filter Made the Winner’s Corrected Quote Late

Peak summer travel season has jet fuel moving by the millions of gallons, so there is a certain irony in a fuel-supply dispute that turned on an email no one at the agency ever opened. A contractor sent its proposal a day early, got an automated message saying the email was delivered, and lost the competition anyway. The agency never saw the bid. That is the short version of Rick Aviation, Inc. v. United States, No. 25-1604 (Fed. Cl. June 17, 2026), a post-award protest recently decided at the Court of Federal Claims. The opinion is a useful—and painful—refresher on what “received” actually means under the Federal Acquisition Regulation and on how little sympathy a court will extend when the offeror caused the problem.

Continue Reading Grounded Before Takeoff: A Cautionary Tale on the “Late-Is-Late” Rule

In December 2025, Section 1826 of the FY 2026 NDAA created one of the most valuable classifications in defense contracting and most companies that qualify don’t know it yet. Qualify as a “nontraditional defense contractor” and you’re exempt from certified cost or pricing data, FAR Part 31, and the entire DFARS business-systems architecture. The kicker?

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 Act (FCA) exposure on the US side. Both versions of the problem land on the same desk, and they land on a clock.

As we covered in a prior post, FAR 52.222-90 is not a routine flowdown. It reaches subcontract administration, records access, reporting obligations, bilateral modifications, suspension and debarment, and FCA materiality. In cross-border scenarios, those same hooks meet a thicket of foreign equality, pay-transparency, sustainability, human-rights, privacy, and disclosure-blocking regimes. The result is predictable confusion, and confusion in this clause is expensive.

Continue Reading FAR 52.222-90 Goes Global: Cross-Border Supply Chains and the Limits of a US Flowdown

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 the U.S. Government states in a new proposed rule (2026-03065 (91 FR 7223)), are the “tiny electronic devices” essential to “consumer electronics, automobiles, data centers, critical infrastructure, and virtually all military systems.” Indeed, semiconductors “power tools as simple as a power adapter and as complex as a fighter jet or a smartphone. They are also essential building blocks of the technologies that will shape our future, including artificial intelligence, biotechnology, and clean energy.”

Continue Reading Semiconductors: Another Link to Ever-Extending Curation of the Federal Supply Chain

The Federal Acquisition Service (FAS) of the General Services Administration (GSA) revealed on October 17, 2025, that it will issue a Multiple Award Schedule (MAS) Solicitation 47QSMD20R0001 “refresh” sometime in November 2025. While GSA allowed the contracting community 10 business days to submit comments—until October 31, 2025—as MAS contract holders know, GSA issues refreshes from time to time so that changes are made uniformly in recognition of shifts in policy, regulations, or statutes. Administering MAS contracts in this way allows GSA to curate terms in a consistent manner for contractual vehicles at all stages of performance, as contractors perform orders at different times.

Continue Reading Total GSA Schedule Makeover: Incoming Mass Mod Not Merely a Refresh

As we have previously covered in this blog, as a result of President Trump’s executive order, Restoring Common Sense to Federal Procurement, the Federal Acquisition Regulation (FAR) is undergoing an extensive and unprecedented rewrite. While many of us were enjoying the relaxation of summer days (drifting away to summer nights), the Trump administration has been busy issuing rolling updates to the FAR, which are poised to dramatically reshape the federal acquisition landscape. On August 14, 2025, the FAR Council told us more (told us more) by issuing draft revisions to FAR Parts 4, 8, 12, and 40. The revisions to FAR Part 12 are particularly noteworthy, as they go to the heart of the executive order’s policy statement that the federal procurement system should be “agile, effective, and efficient” and that “undue barriers” should be removed from federal procurement.

Continue Reading Summer Sun, Something’s Begun, But (Oh, Oh) Those FAR Part 12 Rewrites