Procurement Reform

President Trump has issued two new Executive Orders (“EOs”) that seek to reshape federal procurement.  The much anticipated “Restoring Common Sense To Federal Procurement” EO (the “FAR Reform EO”) seeks to “create the most agile, effective, and efficient procurement system possible” by revising the Federal Acquisition Regulation (“FAR”)

Continue Reading Trump Administration Issues Two Executive Orders Seeking To Remake Federal Procurement

Since January 20, the Trump administration has taken numerous executive actions that impact federal government contractors and grant recipients. In just a single day last week, the Trump administration issued a series of EOs and presidential memoranda that, among other things, seek to reform the defense acquisition system, bolster the U.S. maritime industry, and streamline foreign military sales.  The potential impact of these changes to Department of Defense (“DoD”) procurement policy are relatively self-evident.

At the same time, the Trump administration has taken various steps to reorganize and reduce the federal workforce, including significant changes to the DoD civilian workforce. The potential effects of these personnel policies are less obvious but may be equally meaningful for defense contractors. This blog focuses on one such executive action, Executive Order 14210 (titled Implementing the President’s ‘‘Department of Government Efficiency’’ Workforce Optimization Initiative) and its potential implications for the defense industrial base.Continue Reading DoD is Shrinking its Civilian Workforce: What Contractors Should Know Now

On April 9, 2025, President Trump issued an Executive Order (“EO”), “Modernizing Defense Acquisitions and Spurring Innovation In the Defense Industrial Base,” that may have significant implications for federal government contractors doing business with the Department of Defense (“DoD”), and particularly those with touchpoints to Major Defense Acquisition Programs (“MDAPs”).Continue Reading Trump Administration Issues Executive Order Aimed At Modernizing Defense Acquisitions And Spurring Innovation

On April 9th, President Trump issued the Restoring America’s Maritime Dominance Executive Order (“Maritime EO”), which declares that “[i]t is the policy of the United States to revitalize and rebuild domestic maritime industries and workforce to promote national security and economic prosperity.”  The Maritime EO aims to improve the nation’s commercial shipbuilding capacity and bolster the maritime workforce.  The four corners of the Maritime EO primarily take two key steps—(1) directing the National Security Adviser to prepare a Maritime Action Plan (“MAP”) to revitalize domestic maritime industries and (2) imposing a series of trade-related measures to bolster domestic shipping.  The Fact Sheet accompanying the Maritime EO further notes that President Trump has established a new Office of Maritime and Industrial Capacity at the National Security Council, which presumably will help coordinate implementation of the Maritime EO.  

While much remains to be seen on how the Maritime EO will be implemented, it is clear that the Trump administration intends to take a multifaceted approach to supporting the domestic maritime industry.  In this regard, the EO tracks and builds upon the SHIPS for America Act of 2024 (“SHIPS Act”), proposed legislation that garnered broad bipartisan support last year after its initial introduction in Congress.  The SHIPS Act was co-sponsored by then-Rep. Michael Waltz, who as the current National Security Adviser has principal responsibility for managing the development of the MAP that forms the backbone for the EO and its policy objectives.  Especially in light of the legislative momentum in this area, we expect that this initial action and any subsequent executive and legislative actions will be of significant interest to a wide range of U.S. businesses, including ship builders and their suppliers.Continue Reading Renewed Effort to Support Commercial Shipbuilding Capacity and the Domestic Maritime Industry

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

On March 20, 2025, President Trump issued executive order (“EO”) Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement, which will have significant effects on federal government contracting.  The EO is intended to consolidate “domestic Federal procurement” within the General Services Administration (“GSA”) to “eliminate waste and duplication.”

The EO has two primary objectives:

  1. It grants GSA an increased role in the U.S. Government’s acquisition of “common goods and services”.
  2. It designates the GSA Administrator as “the executive agent for all Government-wide acquisition contracts for information technology” pursuant to 40 U.S.C. § 11302(e).[1]

We have summarized key provisions and potential effects of the EO further below.Continue Reading Executive Order Issued To Expand GSA’s Role in Acquisition of “Common Goods and Services” and Information Technology

Yesterday, the FAR Council issued a proposed rule that would update the U.S. Government’s approach to organizational conflicts of interest (OCIs).  While the proposed rule is not finalized and may change in response to forthcoming comments from interested parties, the proposed rule contemplates major changes to the FAR’s existing framework in this area.  In this post, we summarize the background leading up to the proposed rule and highlight key areas of proposed change.

Background

Continue Reading The Proposed FAR Rule on OCIs: Big Changes May Be Coming

This is the first blog in a series covering the Fiscal Year 2025 National Defense Authorization Act (“FY 2025 NDAA”).  This first blog will cover: (1) NDAA sections affecting acquisition policy and contract administration that may be of greatest interest to government contractors; (2) initiatives that underscore Congress’s commitment to strengthening cybersecurity, both domestically and internationally; and (3) NDAA provisions that aim to accelerate the Department of Defense’s adoption of AI and Autonomous Systems and counter efforts by U.S. adversaries to subvert them. 
Continue Reading President Biden signs the National Defense Authorization Act for Fiscal Year 2025

Echoing the Obama Administration’s Better Buying Initiative, the Biden Administration announced the Better Contracting Initiative (“BCI”), a four-pronged initiative designed to ensure the Federal Government gets better, and more consistent, terms and prices when purchasing commercial goods and services, while enhancing support for small and disadvantaged businesses.  The Initiative’s four prongs include:Continue Reading More Bang for the Government’s Buck: The Biden Administration Announces the Better Contracting Initiative

Domestic sourcing requirements are not new, but the Government is always developing new tools for increasing the sourcing of goods from the U.S. and allied countries.  Both sides of the political aisle have marched to a drumbeat of increased domestic sourcing for the past several years.  Most recently, the Biden Administration implemented Executive Order 14005 to “maximize” the U.S. Government’s purchase of goods and services produced in the United States and Executive Order 14104 to increase domestic manufacturing and commercialization in certain research and development supported by federal funding.  The ongoing bi-partisan support for bolstering domestic sourcing is illustrated no better than through this year’s NDAA, which focuses on expanding the domestic supply chain for materials and supplies critical to the U.S. military, encouraging the purchase of domestic end items, and providing more opportunities for the Department of Defense (“DoD”) to engage with and purchase from domestic businesses.Continue Reading Key Domestic Sourcing Provisions of the House and Senate Versions of the Fiscal Year (FY) 2024 National Defense Authorization Act (NDAA)