On April 30, 2026, President Trump issued an Executive Order (EO) titled, “Promoting Efficiency, Accountability, and Performance in Federal Contracting.” This EO directs agencies to make fixed-price contracts the default form of contracting, and requires agency officials to execute written justifications to use other forms of contracting. Of particular note for large contractors, the EO directs that, “[w]ithin 90 days of the date of this order, each agency head shall review and, to the maximum extent practicable and consistent with law, seek to modify, restructure, or renegotiate its 10 largest non-fixed-price contracts by dollar value . . . to facilitate use of fixed prices and performance-based incentives for contract deliverables to the maximum extent practicable.”
Continue Reading The New Executive Order on “Promoting Efficiency, Accountability, and Performance in Federal Contracting”: What Federal Contractors Need to KnowProcurement Reform
Revolutionary FAR Overhaul Incorporates New “Addressing DEI Discrimination” Executive Order Provisions
As we previously covered, on March 26, 2026, President Trump issued Executive Order (EO) 14398, “Addressing DEI Discrimination by Federal Contractors,” to address “racially discriminatory DEI activities” in federal contracting. Among other things, EO 14398 directed the FAR Council to issue deviation and interim guidance within 60 days to implement the new contract clause set forth in Section 3 of the EO. On April 20, the FAR Council issued those model deviations[1] ahead of schedule, along with corresponding implementation guidance.
Continue Reading Revolutionary FAR Overhaul Incorporates New “Addressing DEI Discrimination” Executive Order ProvisionsPentagon Releases Artificial Intelligence Strategy
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 StrategyFrom DAS to WAS: Secretary Hegseth’s Acquisition Overhaul and What It Means for Industry
By Stephanie Barna & Akash Shah on
On November 7, 2025, Secretary of War Pete Hegseth used a speech at the National War College to unveil a Department of War (“DoW”) memorandum titled “Transforming the Defense Acquisition System into the Warfighting Acquisition System to Accelerate Fielding of Urgently Needed Capabilities to Our Warriors.” This memorandum, referred to throughout as the “WAS Memo”—formally redesignates the Defense Acquisition System (“DAS”) as the Warfighting Acquisition System (“WAS”), places the acquisition enterprise on a “wartime footing,” and sets forth the governance, structural, and process reforms that will shape how DoW capabilities are acquired and fielded.
This post is the second in a three-part series analyzing these reforms. In our first post, we examined the WAS Memo’s new emphasis on commercial products and offerings as the preferred acquisition approach. This post turns to the broader restructuring initiatives contained in the WAS Memo and its accompanying Acquisition Transformation Strategy.
Continue Reading From DAS to WAS: Secretary Hegseth’s Acquisition Overhaul and What It Means for IndustryContractors Should Not Overlook the Administration’s Call to Action on Commerciality
By Scott A. Freling & Daniel Raddenbach on
Last week, Secretary Hegseth delivered a speech at the National War College introducing transformations to the defense procurement process. Among them, the Secretary discussed awarding companies bigger and longer contracts for proven systems; removing “excessive and burdensome” requirements (for example, acquisition rules, accounting standards, and testing oversight); and empowering program leaders with authority to direct program outcomes, move money, and adjust priorities. Overall, the speech outlined a vision for a more agile defense procurement process that leans heavily on practices already proven and featured in the commercial sector.
Continue Reading Contractors Should Not Overlook the Administration’s Call to Action on CommercialityOverhauling the GSA Schedule
On October 17, 2025, the General Services Administration (“GSA”) announced that it plans to issue a Mass Modification to GSA’s Multiple Award Schedule (“MAS” or “Schedule”) Solicitation[1] and Schedule contracts in November 2025 (“Refresh”). Periodically, GSA may issue a Mass Modification to Schedule contracts to uniformly impose changes to the contract terms applicable to all Schedule contract holders, often as a result of changes in applicable law, regulation, or policy. This approach also ensures that existing Schedule contracts have consistent terms, even though with the evergreen nature of the Solicitation those contracts have been entered into at different times and are at different stages of performance.
This Refresh (i.e., Refresh #30) will implement several significant changes with the goal to align the GSA Schedule with recent developments in the Revolutionary FAR Overhaul (“RFO”).[2] Although the full text of the Refresh is not yet available, GSA’s Refresh outline provides insight into the changes that are to come as GSA seeks to gain implementation experience with the RFO clauses, provisions, and ordering procedures through its Schedule contracts. Given GSA’s leadership of the RFO process, and this year’s Executive Order to consolidate domestic procurement of common goods and services in GSA to the extent permitted by law,[3] it is no surprise that it has acted quickly to revise its long-term government-wide contracting vehicle according to these recent developments.
Along with the Refresh announcement, GSA opened a 10 business day comment window on buy.gsa.gov, which we expect will close on October 31, 2025. Schedules contractors will be expected to accept the Refresh no later than 90 days from its release which is expected sometime in November. Below we discuss relevant background on the RFO process as it relates to the Schedule and anticipated changes to provisions and clauses in the Refresh. We will continue to watch for updates as GSA’s implementation of the RFO unfolds.
Continue Reading Overhauling the GSA ScheduleJCIDS, Rewired: What DoD’s New Requirements Memo Means
By Stephanie Barna, Alan Estevez & Scott A. Freling on
On August 20, 2025, the Department of Defense (“DoD”) issued a sweeping memo that tears up and rebuilds the way the military decides what new weapons and systems it needs. The Military Services appear to be wasting no time translating the memo into action. Acquisition leaders at last week’s Association of the United States Army conference emphasized that “Transforming in Contact” will serve as the framework for redefining requirements and reprioritizing programs—demonstrating that reform is already underway. For its part, the Air Force has begun reorganizing its A5/7 directorate to assume greater responsibility for requirements generation, while the Chief of Space Operations has publicly outlined the Space Force path to driving requirements and resourcing.
This “requirements process” is the first step in acquisition—it defines the problem and tells the rest of the system what to buy, build, or develop. Change the requirements process and you change the entire defense marketplace. For decades, DoD has used a system called the Joint Capabilities Integration and Development System (“JCIDS”). JCIDS was paperwork-heavy and checklist-driven: the Military Services (Army, Navy, Air Force, Marine Corps, Space Force) would write lengthy justifications for new programs, and those proposals would wind their way through layers of approval at the Joint Staff in the Pentagon. Critics said JCIDS was too slow and too rigid for modern threats, especially as China and other adversaries innovate quickly.
The August 20 memo blows up that model. In its place, DoD is putting forward a problem-focused approach that aims to:
- Define the biggest operational challenges first(not just collect Military Service wish lists)
- Tie priorities to moneyso “important” projects actually get funded
- Bring industry into the process earlierthrough experiments, not just proposals
- Cut out layers of low value review
Below we unpack the memo and offer five practical takeaways for industry.
Continue Reading JCIDS, Rewired: What DoD’s New Requirements Memo MeansTime To Overhaul FAR Part 42? The Novation Process Can Use An Upgrade
By Scott A. Freling on
As part of the Trump Administration’s Revolutionary FAR Overhaul (“RFO”), the Federal Acquisition Regulation (“FAR”) Council has been releasing streamlined Parts of the FAR on a rolling basis. We have been closely monitoring the RFO and its effects on the acquisition landscape, and publishing updates on the progress. To date, 25 streamlined FAR Parts have been released on the RFO page of acquisition.gov, the most recent of which were released earlier today: Part 9 – Contractor Qualifications; Part 33 – Protests, Disputes, and Appeals; Part 46 – Quality Assurance; and Part 49 – Termination of Contracts. Along with the streamlined Parts, revised definitions and contract clauses have been added to Parts 2 and 52, respectively. And, a host of non-regulatory resources and commentary, from Practitioner Albums to Smart Accelerators is growing.
Notably, FAR Part 42 – Contract Administration and Audit Services, which includes Subpart 42.12 – Novation and Change-of-Name Agreements, has yet to be overhauled, and we wanted to take this opportunity to renew our call for reform of the existing novation process.
Continue Reading Time To Overhaul FAR Part 42? The Novation Process Can Use An UpgradeWhite 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”Fraud Prevention in Focus: Examining DOD’s Risk Management Strategies
The Department of Defense (“DOD”) is responsible for almost half of the federal government’s discretionary spending and spends more on contracting than all other federal agencies combined, obligating about $445 billion in fiscal year 2024. Given the renewed focus on fraud detection and prevention across the U.S. government – as highlighted both by the efforts of the Department of Government Efficiency (“DOGE”) and by recent congressional committee hearings focused on reducing waste, fraud, and abuse – the issue of fraud in DOD has become increasingly relevant.
On June 4, 2025, the House Committee on Oversight and Government Reform’s Subcommittee on Government Operations held a hearing titled “Safeguarding Procurement: Examining Fraud Risk Management in the Department of Defense,” during which congressional members examined strategies to combat fraud in DOD – including procurement fraud – and the steps the department is taking to address the problem.
Continue Reading Fraud Prevention in Focus: Examining DOD’s Risk Management Strategies