Consistent with the Trump Administration’s focus on procurement fraud, a recent settlement and guilty pleas secured by the DOJ demonstrate that bid rigging is in the Administration’s crosshairs. Government contractors should be aware of the legal risks associated with bid rigging when engaging in the bidding process.
Continue Reading Bid Rigging Risk for Government Contractors
To Efficiency and Beyond?: President Trump Issues Executive Order to Enable a Competitive Space Launch Market
On August 13, 2025, the White House issued Executive Order 14335, “Enabling Competition in the Commercial Space Industry” (“EO 14335” or the “EO”). Framed as a push to “enhance American greatness by enabling a competitive launch marketplace and substantially increasing commercial space launch cadence and novel space activities by 2030,” EO 14335 directs federal agencies to reform regulatory barriers in four key areas: (1) commercial launch and reentry, (2) spaceport infrastructure, (3) novel space activity authorization, and (4) leadership and accountability. Sec. 2. Each of these initiatives aims to streamline bureaucracy, reduce delays, and accelerate U.S. commercial space growth. Below, we break down the EO’s provisions in each area and examine their significance for industry stakeholders.
Continue Reading To Efficiency and Beyond?: President Trump Issues Executive Order to Enable a Competitive Space Launch MarketWhite House Issues Executive Order Focused on “Improving Oversight of Federal Grantmaking”
On August 7, 2025, President Trump issued Executive Order 14332, “Improving Oversight of Federal Grantmaking,” (“EO 14332” or “the EO”) to “strengthen oversight and coordination of, and to streamline, agency grantmaking” and “ensure greater accountability for use of public funds.” Sec. 1. Among other things, the EO: (1) directs agencies to review discretionary funding opportunities for consistency with agency priorities; (2) provides principles for agencies to use in assessing discretionary awards; (3) directs the Office of Management and Budget (“OMB”) to revise the Uniform Guidance applicable to federal financial assistance; and (4) requires agencies to include terms and conditions in their discretionary grant agreements allowing for termination for convenience and preventing recipients from drawing down funds without prior written explanation and approval. Through these methods, EO 14332 focuses on increased political oversight of discretionary funding, ensuring broad termination for convenience rights, and limiting indirect costs. The EO arrives at the intersection of recent efforts by the Trump Administration both to cancel, terminate, or otherwise pause federal funding viewed as inconsistent with the Administration’s policy priorities and to streamline federal procurement regulations.
Continue Reading White House Issues Executive Order Focused on “Improving Oversight of Federal Grantmaking”Trump Administration Issues AI Action Plan and Series of AI Executive Orders
On July 23, the White House released its AI Action Plan, outlining the key priorities of the Trump Administration’s AI policy agenda. In parallel, President Trump signed three AI executive orders directing the Executive Branch to implement the AI Action Plan’s policies on “Preventing Woke AI in
Continue Reading Trump Administration Issues AI Action Plan and Series of AI Executive OrdersContinued Signs of Progress in the Revolutionary FAR Overhaul
Since President Trump issued Executive Order (“E.O.”) 14275, “Restoring Common Sense to Federal Procurement” on April 15, 2025 as part of an effort to remake Federal procurement, the Administration has undertaken a variety of initial steps to implement its so-called “Revolutionary FAR Overhaul” (“RFO”). These steps include “streamlining” each Part of the Federal Acquisition Regulation (“FAR”) on a rolling basis to remove “non-statutory requirements.” To date, seven streamlined FAR Parts have been released on the RFO page of acquisition.gov: Parts 1, Federal Acquisition Regulation; 10, Market Research; 11, Describing Agency Needs; 18, Emergency Acquisitions; 34, Major System Acquisition; 39, Acquisition of Information and Communication Technology; and 43, Contract Modifications. The public has the opportunity to provide “informal input” for each Part—the soonest of which is to provide feedback on FAR Part 10 by July 7, 2025 at 4:30 PM ET.[1] Although the volume of streamlined FAR Parts, non-regulatory resources, and commentary on acquisition.gov has started to proliferate in recent weeks, the extent to which these resources can and will be relied on in a strategic, accessible manner by the broader acquisition community still remains to be seen.
Continue Reading Continued Signs of Progress in the Revolutionary FAR Overhaul
GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?
The Government Accountability Office (“GAO”) released a report on the Defense Contract Audit Agency’s (“DCAA”) past and future use of private-sector, independent public accountants to augment its auditor workforce. The initiative—approved under Section 803 of the Fiscal Year (“FY”) 2018 National Defense Authorization Act (“NDAA”)—began in fiscal year 2020 and was originally envisioned by Congress as a tool to reduce DCAA’s backlog of incurred cost audits. But, as GAO noted, DCAA had largely eliminated its audit backlog by the end of FY 2018, primarily through its reliance on risk-based sampling methodology, which reduced the number of audits DCAA was required to complete.
Continue Reading GAO: DCAA Built a Valuable Bench of Independent Public Accountants, Now What?ROUTERS Act on the Horizon: U.S. House Passes New Legislation
Last Monday, April 28, 2025, the House passed a bill titled Removing Our Unsecure Technologies to Ensure Reliability and Security (“ROUTERS”) Act (H.R. 866), which directs the Secretary of Commerce to study national security risks and cybersecurity vulnerabilities “posed by consumer routers, modems, and devices that combine a modem and router, that are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the influence of a covered country.” Similar to some other recent supply chain requirements imposed on federal contractors, the bill defines “covered countries” by reference to 10 U.S.C. 4872, which prohibits the acquisition of sensitive materials from North Korea, Russia, Iran, and China.
Continue Reading ROUTERS Act on the Horizon: U.S. House Passes New LegislationEarly Signs of Progress in the “Revolutionary FAR Overhaul”
On Friday, May 2, the U.S. government announced further steps in its much-discussed plan to re-write the FAR by establishing a “Revolutionary FAR Overhaul” (“RFO”) website on Acquisition.gov, issuing written guidance to federal agencies, and releasing proposed revisions to FAR Part 1 – Federal Acquisition Regulation System and Part 34 – Major System Acquisition. This activity comes on the heels of recent presidential directives requiring agencies to examine and reform their approach to procurement of goods and services, including Executive Order (“E.O.”) 14275, “Restoring Common Sense To Federal Procurement,” and E.O. 14271, “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts.”
As anticipated, the FAR re-write is spearheaded by the Office of Federal Procurement Policy (“OFPP”) within the Office of Management and Budget (“OMB”) and the Federal Acquisition Regulatory Council (“FAR Council”). The RFO website proclaims that the re-write is “the first-ever comprehensive overhaul of the FAR” and aims to “return the FAR to its statutory roots, rewritten in plain language, and remove most non-statutory rules.” It also will result in “non-regulatory buying guides [to] provide practical strategies grounded in common sense while remaining outside the FAR.” In short, the goal is characterized as “faster acquisitions, greater competition, and better results.”
Continue Reading Early Signs of Progress in the “Revolutionary FAR Overhaul”The Executive Order 11246 Grace Period Ends Today (April 21)
On January 21, 2025, President Trump issued Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“EO 14173”), which, among other things, revoked Executive Order 11246 (“EO 11246”), a 60-year-old Civil Rights-era directive that prohibited federal contractors from discriminating on the basis of race, color, religion, sex
Continue Reading The Executive Order 11246 Grace Period Ends Today (April 21)New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” Regulations
President Trump issued a series of executive orders (“EOs”) and presidential memoranda on Wednesday, April 9, that could impact government contractors across a broad range of industries. Among other initiatives, these executive actions seek to reform the defense acquisition system, reinvigorate the U.S. maritime industry, and streamline foreign military sales. The actions also reflect President Trump’s goal of catalyzing innovation and economic growth by reducing regulatory burdens, both in general and in the energy industry specifically.
We briefly summarize below the six April 9 executive actions most likely to impact government contractors.
Continue Reading New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” Regulations