On October 5, 2026, the General Services Administration (GSA) Federal Acquisition Service previewed its plan to issue Multiple Award Schedule (MAS) Refresh 34 in November 2026. The announcement of Refresh 34 comes just days after the release of Refresh 33, which had previously been delayed to ensure appropriate integration of relevant updates. Like Refresh
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GAO Finds Conflict Investigation Unreasonable Where Agency Failed to Ask Awardee About Business Relationship
In Viderity Inc. – Costs, GAO found an agency’s investigation into a potential conflict of interest to be unreasonable where the agency “failed to inquire with” the awardee-intervenor “as to whether the firm had a business relationship with” an agency evaluator. The decision was issued on September 1, 2026.
The protester alleged that one…
Presidential Memorandum Tasks Agencies with Removing Canadian Origin Items from Federal Procurement System
On September 16, 2026, President Trump issued a Presidential Memorandum (the “Memorandum”) titled “Restoring Reciprocity in Government Procurement,” which aims to remove Canadian origin items from the U.S. government procurement system. The Memorandum provides few details on how this policy goal should be effectuated, but directs the following actions:
- The Office of Management and Budget
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SBA Extends Comment Period on Proposed Small Business Size Standards to November 20
The U.S. Small Business Administration (“SBA”) has extended the comment periods for its proposed overhaul of small business size standards and its accompanying Revised Size Standards Methodology by 60 days, from September 21 to November 20, 2026.
As we discussed in our prior post, SBA’s proposed rule would establish new size standards for 338…
Department of War Issues Memorandum Aimed at Strengthening the Industrial Base Through Acquisition Reform
On September 14, 2026, Deputy Secretary of War Stephen Feinberg issued a memorandum and an accompanying appendix focused on strengthening the defense industrial base by reforming acquisition requirements related to a wide range of issues, including accounting standards, efficiency, government oversight, procedural requirements, audits, pricing, and more. Building on prior policymaking, including Executive Order 14402…
CMMC Reform Task Force Updates September 2026
Several months into the Department of War’s (DoW) suspension of the next phase of the Cybersecurity Maturity Model Certification (CMMC) Program, contractors are continuing to navigate uncertainty relating to the program. With the Department’s review underway, this post takes stock of where the program stands, what remains in effect, and what contractors should be considering.…
County of King v. Turner Raises Questions About Executive Agency Authority to Impose False Claims Act and Other Certifications on Federal Funds Recipients
Key Takeaways:
- Ninth Circuit limited agency authority to impose grant conditions.
- Court rejected executive agency attempts to define FCA materiality through certifications.
- Decision found other policy-based grant conditions also exceeded executive agency authority, including compliance with federal anti-discrimination laws beyond federally funded programs.
On August 25, 2026, the Ninth Circuit issued a 2-1 decision in…
The U.S.-India Reciprocal Defense Procurement Agreement: A New Chapter in a Complex Relationship
For decades, the United States and India circled each other as potential defense partners—aligned by democratic values and shared strategic concerns, yet separated by Cold War legacies and divergent procurement cultures. Now, a proposed Reciprocal Defense Procurement Agreement (“RDPA”) promises to open each country’s military marketplace to the other’s defense firms. But the road to…
DoW Issues Revision 3 of its Class Deviation on Security Requirements
On September 3, 2026 the Department of War (DoW) issued Revision 3 to its Class Deviation and associated Procedures, Guidance and Information (PGI) that implements a new Part 240 (consistent with the Revolutionary FAR Overhaul of Part 40, which we reported on in July). Like the proposed FAR Rule, this DFARS Class Deviation addresses supply…
Mapping China in the National Defense Authorization Act for FY 2027 | Part I: The Expanding Acquisition Perimeter
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