On February 20, 2026, the Supreme Court struck down an extensive series of tariffs imposed last year by President Trump, holding that they were not authorized under the International Emergency Economic Powers Act (“IEEPA”). And on March 4, 2026, the United States Court of International Trade began the process of refunding certain of “the millions
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Is Congress Finally Reauthorizing SBIR/STTR—and What’s Changing?
On March 3, 2026, the Senate took a major step toward reauthorizing the Small Business Innovation Research/Small Business Technology Transfer (“SBIR/STTR”) programs, by passing the Small Business Innovation and Economic Security Act (S. 3971). Known collectively as “America’s Seed Fund,” the SBIR and STTR programs provide small businesses with early-stage funding to commercialize their new…
Defense Industrial Base Consortium Issues New Critical Minerals Request for Project Proposals
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)…
FAR Council Issues Notice of Proposed Rulemaking to Implement Prohibition on Acquisition of Certain Semiconductors
On February 17, 2026, the Federal Acquisition Regulatory Council released a Notice of Proposed Rulemaking, proposing amendments to the FAR to implement Section 5949 of the FY23 National Defense Authorization Act (“NDAA”). Section 5949 prohibits executive agencies from obtaining semiconductor parts, products, or services traceable to certain named Chinese companies – currently, Semiconductor Manufacturing International…
GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security
On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security. The proposed revision also addresses applicability…
OMB Rescinds the “Common Form” Secure Software Attestation Requirement
On January 23, 2026, the Office of Management and Budget (OMB) issued Memorandum M-26-05 “Adopting a Risk-based Approach to Software and Hardware Security,” which rescinds a previous Biden Administration’s requirement for all federal agencies to obtain a self-attestation from software producers in the “Common Form” developed by the Cybersecurity and Infrastructure Security Agency…
Stop-Work Means Stop Work (…Until It Doesn’t): Lessons from Wolverine Tube
A recent decision from the Armed Services Board of Contract Appeals (ASBCA) is a timely reminder that, when it comes to stop‑work orders, the clause the government actually invokes—not the one it later wishes it had—can be outcome‑determinative. In Wolverine Tube, Inc., ASBCA No. 63877 (Jan. 22, 2026), the Board rejected the Air Force’s attempt…
State Department Revives and Expands the Mexico City Policy
On January 23, 2026, Vice President Vance announced the administration’s intent to expand the “Mexico City Policy.” First established by President Reagan, the Mexico City Policy originally prohibited foreign non-governmental organizations (“NGOs”) from using funds to “promote abortion as a method of family planning in other nations.” The policy was repealed by the…
Federal Push for Critical Minerals Stockpiling: 2025 in Review and Outlook for 2026
By Peter Terenzio & Eunsun Cho
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…
Pentagon 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…