News

On May 7, 2026, the Defense Acquisition Regulations System proposed amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement sections of the National Defense Authorization Act for Fiscal Years 2020 and 2021. This change seeks to mitigate risks related to beneficial ownership or foreign ownership, control, or influence (“FOCI”). The proposed rule would...

On June 11, 2026, the U.S. Small Business Administration (“SBA”) published a proposed rule that would revise how individually owned small businesses establish social disadvantage for purposes of the Section 8(a) Business Development Program (the “8(a) Program”), 91 Fed. Reg. 35433 (June 11, 2026). The proposed rule would remove the longstanding rebuttable presumption of...

Article by: Nicholas Perry, Associate On April 30, President Trump issued an Executive Order (EO), “Promoting Efficiency, Accountability, and Performance in Federal Contracting,” establishing a government-wide policy that fixed-price contracts, including performance-based variants, are the default and preferred method of procurement, and erecting new barriers to the use of cost-reimbursement contracts (also referred to...

Article by: Matthew Saliman, Associate A pending petition before the Supreme Court of the United States could reshape how courts analyze foreign sovereign immunity in arbitration enforcement actions, with meaningful implications for companies pursuing claims against state actors. The Issue: Jurisdiction vs. Arbitrability The dispute arises from efforts by Ukrainian energy companies to enforce...

Article by: Steffanie Lee, Associate The General Services Administration (GSA) has introduced a proposed clause, GSAR 552.239-7001, titled “Basic Safeguarding of Artificial Intelligence Systems,” aiming to regulate the procurement and use of AI systems within federal contracts. This initiative aligns with the Office of Management and Budget’s (OMB) Memorandum M-25-22, emphasizing the acquisition of...

Article by: Paxton Ouellette Australia’s February 2026 announcement of a game-changing AUD 3.9 billion investment as a down payment for a new submarine construction yard in Osborne, South Australia was eye-catching. Indeed, Australia’s Minister for Defense Industry, Pat Conroy, touted: “When this shipyard is constructed and when it’s finished, it will be the only...