Introduction

On February 27, 2026, the Defense Industrial Base Consortium (DIBC) issued a new Request for Project Proposals (RPP) focused on Strategic and Critical Materials.  Phase 1 submissions are due March 20, 2026, at 5:00 p.m. (Eastern).  

This solicitation represents the second DIBC RPP targeting critical minerals since the issuance of Executive Order (EO) 14241, “Immediate Measures to Increase American Mineral Production.”  The EO directed federal agencies to expand domestic access to critical minerals and reduce reliance on foreign supply chains. Continue Reading Defense Industrial Base Consortium Issues New Critical Minerals Request for Project Proposals

On February 17, 2026, the Federal Acquisition Regulatory Council released a Notice of Proposed Rulemaking, proposing amendments to the FAR to implement Section 5949 of the FY23 National Defense Authorization Act (“NDAA”).  Section 5949 prohibits executive agencies from obtaining semiconductor parts, products, or services traceable to certain named Chinese companies – currently, Semiconductor Manufacturing International Corporation (“SMIC”), ChangXin Memory Technologies (“CXMT”), and Yangtze Memory Technologies Corp (“YMTC”) – subject to limited exceptions.  In accordance with the statute, the proposed amendments to the FAR would become effective on December 23, 2027.  The proposed rule is not yet final and is open for public comment until April 20, 2026. Continue Reading FAR Council Issues Notice of Proposed Rulemaking to Implement Prohibition on Acquisition of Certain Semiconductors

On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security.  The proposed revision also addresses applicability in the event of an active injunction.  Public comment is due by March 30, 2026.Continue Reading GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security

On January 23, 2026, the Office of Management and Budget (OMB) issued Memorandum M-26-05 “Adopting a Risk-based Approach to Software and Hardware Security,” which rescinds a previous Biden Administration’s requirement for all federal agencies to obtain a self-attestation from software producers in the “Common Form” developed by the Cybersecurity and Infrastructure Security Agency (CISA) before using certain third-party software.  As its rationale, OMB noted that the prior memoranda diverted agencies from developing tailored assurance requirements and failed to account for threats posed by insecure hardware.  Memorandum M-26-05 signals that the federal government is moving away from a “one-size fits-all” approach to software security and will instead allow each agency to develop tailored requirements.  In creating their own assurance requirements, agencies may still require a self-attestation and/or Software Bill of Materials (SBOM) from the software vendor if the agency determines that such assurances are necessary based on the risks involved and the agency’s needs.Continue Reading OMB Rescinds the “Common Form” Secure Software Attestation Requirement

A recent decision from the Armed Services Board of Contract Appeals (ASBCA) is a timely reminder that, when it comes to stop‑work orders, the clause the government actually invokes—not the one it later wishes it had—can be outcome‑determinative. In Wolverine Tube, Inc., ASBCA No. 63877 (Jan. 22, 2026), the Board rejected the Air Force’s attempt to retroactively recharacterize a stop‑work order and held that the order expired by its own terms after 90 days. Although the contractor did not obtain summary judgment on most of its claimed costs, the decision breaks new ground on how protest-related stop-work orders operate, what happens when they lapse, and how far the government can go in arguing that “stop work” really meant “stop incurring costs forever.”Continue Reading Stop-Work Means Stop Work (…Until It Doesn’t): Lessons from Wolverine Tube

On January 23, 2026, Vice President Vance announced the administration’s intent to expand the “Mexico City Policy.”  First established by President Reagan, the Mexico City Policy originally prohibited foreign non-governmental organizations (“NGOs”) from using funds to “promote abortion as a method of family planning in other nations.”  The policy was repealed by the Biden administration but then reinstated at the outset of the current administration.  On January 27, 2026, the State Department implemented the Vice President’s announcement, and expanded the Mexico City Policy to require recipients of “foreign assistance” to abide by award terms reflecting three new policies: (1) Protecting Life in Foreign Assistance (“PLFA”); (2) Combating Gender Ideology in Foreign Assistance (“CGIFA”); and (3) Combating Discriminatory Equity Ideology in Foreign Assistance (“CDEIFA”).[1]

Collectively, the new PLFA, CGIFA, and CDEIFA policies are referred to as the Promoting Human Flourishing in Foreign Assistance policy (“PHFFA”).  These rules create new obligations relevant to U.S. NGOs, foreign NGOs, and other international organizations receiving foreign assistance. This blog post focuses on the new CDEIFA requirements—and the potential pitfalls—for U.S. NGOs.Continue Reading State Department Revives and Expands the Mexico City Policy

As the federal government focuses on securing reliable supplies of critical minerals, stockpiling has emerged as a key policy tool, alongside direct investments in private enterprises and expanded funding programs for industry.  The National Defense Stockpile (“NDS”) currently serves as the federal strategic reserve of materials needed for national defense, including critical minerals, and the growing policy attention has prompted new proposals and initiatives for upgraded federal stockpiling capabilities.  This blog post reviews the NDS and its activities last year and offers an outlook for critical minerals stockpiling in the year ahead.  Continue Reading Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026  

The past month has marked a series of announcements from the Department of War (the “Department”) emphasizing rapid deployment of artificial intelligence (“AI”) industry partnerships.  These announcements signal opportunities for not only the defense industrial base, but also nontraditional defense contractors focused on technology and data.

On January 9, 2026, the Department released two key memoranda: (1) Artificial Intelligence Strategy for the Department of War, setting out measurable pace-setting projects, barrier removal authorities, and mandated data access; and (2) Transforming the Defense Innovation Ecosystem to Accelerate Warfighting Advantage, which aims to unify the defense innovation ecosystem under the Under Secretary of War for Research & Engineering as Chief Technology Officer (“CTO”).  

Shortly after, on January 12, Secretary Hegseth delivered a speech, presenting an overhaul of the Department’s innovation and acquisition ecosystems.

The January 9 memoranda and Secretary Hegseth’s speech signal the Department’s intent to formalize a single, CTO-led innovation operating system designed to produce three outputs: next-generation technology, scalable products, and new ways of fighting—and to do it at “wartime speed,” with AI as the first major proving ground.Continue Reading Pentagon Releases Artificial Intelligence Strategy

On December 11, 2025, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) released its Cybersecurity Performance Goals 2.0 (“CPG 2.0”), an update to its core set of recommended cybersecurity practices for critical infrastructure owners and operators, which we previously wrote about here.  Established by the 2021 National Security Memorandum…

Continue Reading CISA Releases Cybersecurity Performance Goals 2.0 for Critical Infrastructure

On December 12, 2025, GAO released its Bid Protest Annual Report to Congress for Fiscal Year 2025, which provides bid protest statistics and other information regarding GAO’s protest system.Continue Reading GAO’s Annual Bid Protest Report: Fiscal Year 2025 Protest Filings Drop While the Effectiveness Rate Remains High