The Revolutionary FAR Overhaul (RFO) finally has moved into formal rulemaking, and it comes with a few surprises. The FAR Council completed the first phase of the RFO in September 2025, publishing model deviations to the FAR that agencies then had to adopt by issuing their own deviations and guidance. We digested the changes, organized by FAR part, here.  To begin making the FAR changes official, the FAR Council published four proposed rules[1] on June 23, 2026, covering Parts 1, 2, 3,…More

Contractors have begun receiving modifications to existing contracts implementing the new DEI clause mandated by Executive Order 14398 “Addressing DEI Discrimination by Federal Contractors.”  Shortly after the executive order, the FAR Council issued a Memorandum[1] establishing a new implementing clause, FAR 52.222-90.  The Memorandum also established mandatory deadlines for agencies to begin including FAR 52.222-90 in federal procurements: April 24, 2026: Agencies were required to begin inserting FAR 52.222-90 in new solicitations and resulting contracts.  They were also required to amend any…More

The Government Accountability Office’s (GAO) timeliness rules are generally straightforward. But as a recent GAO decision shows, agency statements to disappointed offerors can sometimes blur application of the rules—often to the detriment of a would-be protester. As most government contractors are aware, a protester has 10 days from the time the basis of protest was known or should have been known to file a post-award bid protest with GAO.[1] This deadline can be extended under certain circumstances, such as when a…More

The Trump Administration, through the Office of Federal Procurement Policy, has revealed the next set of revised Federal Acquisition Regulation (FAR) sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 18, 39, and 43. All three revisions come with accompanying Practitioner’s Albums.[1] FAR Part 18: Emergency Acquisitions The FAR Part 18 Practitioner’s Album highlights the need to remain flexible when addressing emergencies that arise and notes, “[t]he ability to act quickly is especially important to meet urgent emergency needs.” To that…More

On May 22, 2025, the Trump Administration unveiled the next installment of the revised Federal Acquisition Regulation (FAR) as part of the “Revolutionary FAR Overhaul” (RFO).  The latest release set its sights on FAR Part 10 – Market Research. FAR Part 10: Market Research The new FAR Part 10 (the Administration is referring to rewritten FAR requirements as RFO FAR) includes an accompanying Practitioner Album, an informal collection of lessons that create a new approach to procurement market research.  Per the Practitioner…More

Despite two Temporary Restraining Orders (TROs) issued by federal courts in Rhode Island and Washington, DC, the US District Court for the District of Rhode Island found that the Trump Administration’s funding freeze continues.  The court issued an Enforcement Order on February 10, 2025 repeating its mandate that the Administration return federal funding to the status quo pending the final outcome of the case.  Previous Fox posts have tracked the litigation over the federal funding freeze pursuant to the Office of…More

The US District Court for the District of Rhode Island and the US District Court for the District of Columbia both have issued Temporary Restraining Orders (TROs) enjoining the Government from enforcing the Office of Management and Budget’s (OMB) January 27, 2025, memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs” (OMB Memo). One TRO extended its reach to funding freezes under Executive Orders. It is unclear whether the TROs have affected the Trump Administration’s…More

The Office of Management and Budget (OMB) issued memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs,” (OMB Memo) on Tuesday, January 27, 2025.  Two days later on January 29, 2025, OMB rescinded its Memo amid litigation challenging the freeze.  While this likely means that the impacted grant and assistance programs will resume normal operation, later the same day the White House Press Secretary issued a statement on X that the freeze was still in effect…More

President Trump signed a multitude of Executive Orders (EOs) during his first two weeks in office. EOs are directives from the President to federal agencies that do not require Congressional approval. EOs include mandates that take immediate effect and others that require some groundwork by federal agencies to effect, such as the drafting of implementing regulations. While Congressional approval is not required for EOs, nearly all government actions require funding to accomplish, and Congress can refuse to appropriate funds for any…More

The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report).  In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution (ADR) proceedings were up.  In FY24, the CBCA docketed 319 new cases, down from 409 in FY23 and 372 in FY22.  Out of 319 total cases, only 165 were CDA appeals, down from 246 in FY23 and 177 in FY22.[1] The decrease in appeals tracks a…More