Inside Government Contracts

Procurement Law and Policy Insights

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Bolatito Adetula

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Earlier this year, the Defense Security Cooperation Agency (“DSCA”) issued updated policy guidance implementing a significant expansion of the universe of countries authorized to use Foreign Military Financing (“FMF”) for direct purchases of U.S. defense items.  Previously, only ten countries were eligible for use of FMF for direct commercial contracting, and under the new guidance,…

A recent Court of Federal Claims (“COFC”) decision shows that with the right facts, the government’s failure to award a follow-on Small Business Innovation Research Program (“SBIR”) contract can be challenged at COFC.

In Strategi Consulting, LLC v. United States, the protester, Strategi, alleged that the Air Force improperly failed to award Strategi a Phase…

Last December, we previewed the significant cost accounting and pricing data disclosure changes contained in the Fiscal Year 2026 National Defense Authorization Act (“NDAA”), including Section 1804(c)’s increase to the threshold governing the Truthful Cost or Pricing Data Statute (formerly the Truth in Negotiations Act, and still commonly called “TINA”).  That change is no longer…

As we covered in our previous blog post, the Department of Energy (“DOE”) has launched the “Genesis Mission” to apply AI technology to a wide variety of scientific and technological challenges.    

Last week, DOE announced it had selected 278 Genesis Mission projects for potential awards.  The selected projects span nuclear energy, quantum computing, advanced…

The Armed Services Board of Contract Appeals (the “ASBCA” or “Board”) recently rejected an unprecedented request from the U.S. Army Corps of Engineers (the “Corps”) to withhold publication of a Board decision on the merits in a construction delay appeal brought by KiewitPhelps.  In a decision issued on June 25, 2026 (released publicly on July…

As part of the Revolutionary FAR Overhaul, the FAR Council has issued a proposed rule to revise FAR Part 49, Termination of Contracts, that would significantly accelerate the timeline for submitting termination settlement proposals following a termination for convenience.  Under the proposed rule, contractors would be required to submit termination settlement proposals to the…

The public comment period for the long-awaited Defense Federal Acquisition Regulation Supplement (“DFARS”) proposed rule, “Mitigating Risks Related to Foreign Ownership, Control, or Influence” (the “proposed DFARS FOCI rule”), closed on July 6, 2026. But recent activity in Congress suggests that the Department of War (“DoW”)’s proposed rule may be only one part of a…

On June 23, 2026, the Federal Acquisition Regulatory Council (“FAR Council”) issued proposed rules covering several parts of the Federal Acquisition Regulation (“FAR”).  The proposed rules mark the beginning of the long-awaited notice-and-comment phase of the Revolutionary FAR Overhaul (“RFO”).  This blog post, focusing on FAR Part 40, provides an overview of the proposed changes…

On June 24, 2026, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) seeking input on two proposals for promoting the purchase of American-made products on GSA Advantage, an online shopping and ordering system, which GSA advertises as providing access to thousands of contractors with millions of products and services.  Comments in…

On June 8, 2026, the Department of War (“DoW”) published its updated list of “Chinese military companies” operating in the United States (“1260H List”), as required by Section 1260H of the Fiscal Year (“FY”) 2021 National Defense Authorization Act (“NDAA”).  The updated list includes, among other companies, WuXi AppTec Co., Ltd. (“WuXi AppTec”), a China-based…