News & Analysis as of

Administrative Procedure Act Department of Defense (DOD)

Fox Rothschild LLP

OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts...

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The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the procuring...more

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

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Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

Hogan Lovells

Understanding President Trump’s Executive Orders on promoting nuclear energy and removing regulatory barriers to licensing

Hogan Lovells on

On May 23, 2025, President Trump signed four Executive Orders intended to expedite the development and deployment of American nuclear technology. The orders would affect the Nuclear Regulatory Commission (“NRC”), the...more

Holland & Knight LLP

President Trump Signs 4 Executive Orders to Deploy New Nuclear Reactors, Strengthen Supply Chain

Holland & Knight LLP on

President Donald Trump signed four separate executive orders (EOs) on May 23, 2025, intended to result in a quadrupling of U.S. nuclear energy capacity to 400 gigawatts (GW) by 2050, all while strengthening domestic fuel...more

Oberheiden P.C.

10 Critical Facts for Defense Logistics Agency (DLA) Contractors Facing Suspension or Debarment

Oberheiden P.C. on

The Defense Logistics Agency (DLA), is cracking down on procurement fraud and contract fraud. It has recently issued multiple referrals for suspension or debarment, and it is targeting not only prime vendors, but...more

Morrison & Foerster LLP - Government...

Deregulating Federal Procurement: Implications of Three Recent Executive Actions

The Administration signed two Executive Orders (EOs or “Orders”) and one Presidential Memorandum (“Memo”) on April 9, 2025, that aim to make federal procurements faster and more efficient: 1.Modernizing Defense...more

Cozen O'Connor

And Here We Go – Reformation of the FAR Directed by Executive Order

Cozen O'Connor on

As we have hinted at (and even mentioned) in some of our more recent client alerts, the proverbial other shoe has now dropped. In the April 15, 2025, Executive Order entitled "Restoring Common Sense to Federal Procurement"...more

Morrison & Foerster LLP - Government...

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC...more

Holland & Knight LLP

Court of Federal Claims Deems Itself "De Facto Forum" for Other Transaction Agreement Protests

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In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more

Womble Bond Dickinson

Hidden in the NDAA: The Expanded Reach of the Program Fraud Civil Remedies Act

Womble Bond Dickinson on

Federal government contractors and many others have been closely watching the drafting, introduction, consideration, debate, amendment, and passage of the annual National Defense Authorization Act (“NDAA”)....more

Maynard Nexsen

FAR Council Publishes its Semiannual Regulatory Agenda

Maynard Nexsen on

On February 9, 2024, the Federal Acquisition Regulatory Council ("FAR Council") – Department of Defense, General Services Administration, and National Aeronautics and Space Administration – published its Semiannual Regulatory...more

Holland & Knight LLP

Religious Institutions: Update June 2023

Holland & Knight LLP on

In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more

Bass, Berry & Sims PLC

Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”

Generally, government agencies are given broad discretion to define their needs; however, last month, the United States Court of Federal Claims chose to curtail an agency’s authority to cancel and amend bid solicitations in...more

Wiley Rein LLP

U.S. Government Agrees to Remove Xiaomi from Communist Chinese Military Company List; American Exchanges Delist Others

Wiley Rein LLP on

On May 11, 2021, the U.S. Department of Defense (DOD) agreed to remove Chinese smartphone maker Xiaomi Corp. from its list of “Communist Chinese Military Companies” (CCMC). DOD identified Xiaomi as a CCMC on January 14, 2021,...more

Dorsey & Whitney LLP

U.S. Court Blocks Trump-Era Trading Ban on Xiaomi Stock - 美国法院阻止特朗普对美国人投资小米的禁令

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The U.S. District Court for the District of Columbia recently ruled that certain securities trading restrictions will be prevented from going into effect with respect to Xiaomi Corporation (“Xiaomi”) under Section 1237 of the...more

Dorsey & Whitney LLP

Court Calls into Question Securities Trading Restrictions on Entities Designated as Communist Chinese Military Companies

Dorsey & Whitney LLP on

The U.S. District Court for the District of Columbia last week ruled that certain securities trading restrictions will be prevented from going into effect with respect to Xiaomi Corporation (“Xiaomi”) under Section 1237 of...more

Eversheds Sutherland (US) LLP

Xiaomi wins preliminary injunction enjoining enforcement of Trump-era securities trading ban

Xiaomi Corporation (Xiaomi), one of the world’s largest smartphone manufacturers, won a preliminary injunction from the DC District Court on March 12, 2021 that enjoined the US government from enforcing a Trump-era rule that...more

Dorsey & Whitney LLP

The Supreme Court - October 19, 2020

Dorsey & Whitney LLP on

Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2019 #4

PilieroMazza PLLC on

GOVERNMENT CONTRACTING - The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration...more

Snell & Wilmer

SCOTUS Sends WOTUS Back TO District Courts

Snell & Wilmer on

On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States...more

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