On September 16, 2026, President Trump issued a Presidential Memorandum (the “Memorandum”) titled “Restoring Reciprocity in Government Procurement,” which aims to remove Canadian origin items from the U.S. government procurement system.  The Memorandum provides few details on how this policy goal should be effectuated, but directs the following actions:

  • The Office of Management and Budget (“OMB”) Director and U.S. Trade Representative, in coordination with the FAR Council, and in consultation with other senior officials as appropriate, shall “to the extent appropriate and consistent with law, identify and take all steps permitted by applicable law with respect to Canadian origin items in the Federal civil procurement system that can, where warranted, be removed or made non-available for purchase.”
  • The OMB Director, in consultation with other senior officials as appropriate, shall also “notify” relevant executive departments and agencies of domestic alternatives to Canadian origin items, “to the extent permitted by law.”
Continue Reading Presidential Memorandum Tasks Agencies with Removing Canadian Origin Items from Federal Procurement System

The U.S. Small Business Administration (“SBA”) has extended the comment periods for its proposed overhaul of small business size standards and its accompanying Revised Size Standards Methodology by 60 days, from September 21 to November 20, 2026.

As we discussed in our prior post, SBA’s proposed rule would…

Continue Reading SBA Extends Comment Period on Proposed Small Business Size Standards to November 20

Congress is considering so-called “right to repair” legislation that could produce one of the most consequential changes to Department of War (“DoW”) intellectual property rights in decades. Provisions advanced during consideration of the Fiscal Year (“FY”) 2027 National Defense Authorization Act (“NDAA”) would make Government Purpose Rights the default for certain technical data, computer software, and computer software documentation delivered under future DoW contracts, subcontracts, and other agreements.  Contractors seeking to deviate from Government Purpose Rights to impose more restrictive rights would bear the burden of identifying the affected material and establishing the basis for those restrictions by “clear and convincing evidence.”

The provisions respond to concerns that DoW may lack access to the technical information needed to maintain and repair military equipment without relying on the original manufacturer.  But the proposed solution appears to have impacts that go beyond DoW’s right to repair and broadly affect DoW rights to contractors’ internally funded technology.  At a minimum, this approach would require contractors to place a renewed emphasis on proposal and marking practices and relationships with suppliers; at worst, it may undermine industry’s willingness to incorporate commercial or dual-use technology into defense systems.

Continue Reading Right to Repair or Rewrite of DoW Data Rights? Five Questions for Defense Contractors

Several months into the Department of War’s (DoW) suspension of the next phase of the Cybersecurity Maturity Model Certification (CMMC) Program, contractors are continuing to navigate uncertainty relating to the program.  With the Department’s review underway, this post takes stock of where the program stands, what remains in effect, and what contractors should be considering.

Continue Reading CMMC Reform Task Force Updates September 2026

On September 14, 2026, Deputy Secretary of War Stephen Feinberg issued a memorandum and an accompanying appendix focused on strengthening the defense industrial base by reforming acquisition requirements related to a wide range of issues, including accounting standards, efficiency, government oversight, procedural requirements, audits, pricing, and more.  Building on prior policymaking, including Executive Order 14402 (April 30, 2026), this memorandum directs agency actions aimed at making defense acquisition more commercially oriented and less dependent on government-unique accounting and oversight regimes. 

Among other things, the memorandum directs the Department of War (“DoW”) to shift away from the Cost Accounting Standards (“CAS”) and increase its reliance on the Generally Accepted Accounting Principles (“GAAP”), including by advancing CAS coverage reform at the CAS Board.  The memorandum further directs a number of other reforms related to accelerating acquisition transformation, scaling advance market commitments, improving efficiency, reducing administrative burden, limiting audits, streamlining business system reviews, and increasing the use of commercial contracting and other transaction authority (“OTA”) agreements. 

Continue Reading Department of War Issues Memorandum Aimed at Strengthening the Industrial Base Through Acquisition Reform

Key Takeaways:

  • Ninth Circuit limited agency authority to impose grant conditions.
  • Court rejected executive agency attempts to define FCA materiality through certifications.
  • Decision found other policy-based grant conditions also exceeded executive agency authority, including compliance with federal anti-discrimination laws beyond federally funded programs. 

On August 25, 2026, the Ninth Circuit issued a 2-1 decision in County of King v. Turner, which involved a challenge to the Trump Administration’s imposition of new conditions on local government recipients of earlier-awarded federal grants earmarked for local homelessness and transportation projects.  

The decision will be of interest to federal contractors and grantees, particularly those encountering new requirements from federal agencies aimed at furthering current Administration policy goals.

Continue Reading County of King v. Turner Raises Questions About Executive Agency Authority to Impose False Claims Act and Other Certifications on Federal Funds Recipients

For decades, the United States and India circled each other as potential defense partners—aligned by democratic values and shared strategic concerns, yet separated by Cold War legacies and divergent procurement cultures.  Now, a proposed Reciprocal Defense Procurement Agreement (“RDPA”) promises to open each country’s military marketplace to the other’s defense…

Continue Reading The U.S.-India Reciprocal Defense Procurement Agreement:  A New Chapter in a Complex Relationship

On September 3, 2026 the Department of War (DoW) issued Revision 3 to its Class Deviation and associated Procedures, Guidance and Information (PGI) that implements a new Part 240 (consistent with the Revolutionary FAR Overhaul of Part 40, which we reported on in July).  Like the proposed FAR Rule, this DFARS Class Deviation addresses supply chain and information security issues but is focused on requirements that are unique for DoW contracts.  

Continue Reading DoW Issues Revision 3 of its Class Deviation on Security Requirements

On August 26, 2026, President Trump issued Executive Order 14421, Declaring a National Emergency to Secure the United States Bulk-Power System. The Order establishes a new national security regulatory framework for a broad range of equipment, software, services, and supply chain relationships associated with the U.S. electric grid. Although the Order is framed as a grid security measure, its implications extend well beyond utilities.

Equipment manufacturers, project developers, utilities, contractors, lenders, investors, data center operators, and others participating in the energy sector may all be affected. The Order introduces new restrictions and uncertainty into energy infrastructure procurement and supply chains and, critically, it represents a fundamental shift in how the federal government approaches security risks in the energy sector.

Continue Reading The Electric Grid’s ICTS Moment? New National Security Executive Order Targets Foreign-Sourced Energy Equipment