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On March 13, 2026, President Trump issued an Executive Order (EO) titled “Adjusting Certain Delegations Under the Defense Production Act.”  As we have covered in prior blog posts, the Defense Production Act (DPA) has traditionally been considered the primary federal means to manage and support defense production. …

Continue Reading “Adjusting Certain Delegations”:  New Executive Order Aims to Streamline and Clarify Delegated Authorities Under the Defense Production Act

On March 13, 2026, the Department of Energy issued a Notice of Funding Opportunity (NOFO) for projects supporting the development of domestic processing, manufacturing, and recycling capabilities for battery materials.  With $500 million in total available funding, the NOFO solicits proposals in three topic areas: (1) domestic critical minerals processing from raw feedstocks, (2) domestic critical minerals recycling, and (3) domestic battery materials and component manufacturing.  Letters of intent are due March 27, 2026, and full applications are due April 24, 2026.Continue Reading DOE Announces Funding Opportunity for Domestic Critical Materials Processing, Recycling, and Manufacturing

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

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  

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 Means

On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”  The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” …

Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing“Unlawful Discrimination” Practices

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

The Office of Strategic Capital (“OSC”) within the Department of Defense (“DOD”) has launched a Credit Program, under which it will provide debt financing in critical technology areas that drive national and economic security.  As an initial step, OSC is soliciting applications for equipment loans, which may be submitted between…

Continue Reading DOD Office of Strategic Capital Begins Its Direct Lending Efforts to Secure U.S. Industrial Base

The Federal government may soon adopt new rules for when indefinite delivery contracts and orders are subject to the Cost Accounting Standards. According to a June 18, 2024 notice, the CAS Board is considering multiple different approaches to this issue, and it has invited comments from the public.Continue Reading Wondering Whether Your IDIQ Award Will Be Subject to CAS?  New Rules May Be Coming Soon from the CAS Board.

On January 29, 2024, the Department of Commerce (“Department”) published a proposed rule (“Proposed Rule”) to require providers and foreign resellers of U.S. Infrastructure-as-a-Service (“IaaS”) products to (i) verify the identity of their foreign customers and (ii) notify the Department when a foreign person transacts with that provider or reseller to train a large artificial intelligence (“AI”) model with potential capabilities that could be used in malicious cyber-enabled activity. The proposed rule also contemplates that the Department may impose special measures to be undertaken by U.S. IaaS providers to deter foreign malicious cyber actors’ use of U.S. IaaS products.  The accompanying request for comments has a deadline of April 29, 2024.

The Proposed Rule would effectuate many of the requirements laid out in the Executive Order on Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities (“E.O. 13984”).  E.O. 13984, issued three years prior to the Proposed Rule, set in motion requirements for IaaS providers to enact certain customer identity verification procedures and take special measures to prevent their services from being used by foreign actors for malicious cyber-enabled activities.  The AI provisions of the Proposed Rule stem from the more recent Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“E.O. 14110″), issued on October 30, 2023, which directed the Department to propose regulations for U.S. IaaS providers to (i) submit reports to the Department when a customer transacts with the provider to train an AI model that could be used for malicious cyber-enabled activities and (ii) ensure foreign resellers of IaaS products also conduct identity verification of foreign account holders.

The proposed regulations are further explained and summarized below:Continue Reading Department of Commerce Issues Proposed Rule to Regulate Infrastructure-as-a-Service Providers and Resellers