News & Analysis as of

Competition Department of Defense (DOD)

Schwabe, Williamson & Wyatt PC

Federal Procurement Challenges for Native Contractors

On April 9, 2025, the Center for Indian Country Development published an interesting report on the impact of contract consolidation/bundling by the federal government on Native-owned government contractors. In Executive...more

PilieroMazza PLLC

The Revolutionary FAR Overhaul: What Government Contractors Need to Know

PilieroMazza PLLC on

On May 6, 2025, the Federal Acquisition Regulatory Council (FAR Council) published draft revisions to the Federal Acquisition Regulation (FAR) as part of a sweeping, phased update known as the Revolutionary FAR Overhaul...more

Cooley LLP

Trio of Executive Orders Renews Focus on Efficiency and Commercial Solutions in Federal Procurement

Cooley LLP on

Three executive orders issued by President Donald Trump in mid-April combat what those orders describe as an unacceptably slow, expensive and bureaucratic process for federal government acquisition in the US, and direct...more

PilieroMazza PLLC

The Rise of OTA in Defense Contracting, Part 2: What Is It, Who’s Eligible, and Where to Find Opportunities

PilieroMazza PLLC on

In Part 1 of PilieroMazza’s blog series we looked at how Other Transactions Authority (OTA) has emerged as a key acquisition tool for government contractors eager to work with the Department of Defense (DOD). In Part 2, we’ll...more

Akin Gump Strauss Hauer & Feld LLP

Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base (Trump EO Tracker)

Reforms the Department of Defense’s acquisition processes by: (a)  Utilization of existing authorities to expedite acquisitions throughout the Department of Defense, including a first preference for commercial solutions and a...more

Akin Gump Strauss Hauer & Feld LLP

Kratsios and Meador Confirmation Hearing Focuses on AI, Spectrum and Big Tech

On February 25, the U.S. Senate Committee on Commerce, Science, and Transportation held a confirmation hearing for Michael Kratsios, tapped by President Donald Trump to serve as the Director of the White House Office of...more

Bass, Berry & Sims PLC

Bid Protest Minute: Understanding the Increased DoD/Coast Guard/NASA Task Order Protest Threshold

Generally speaking, the U.S. procurement system allows companies competing for U.S. government contracts broad rights to challenge contract awards, as well as the terms of solicitations. There are, however, restrictions...more

DLA Piper

Federal Investigators Continue Their Focus on Procurement

DLA Piper on

A flurry of federal prosecutorial activity in late 2024, as well as a statement from several institutional stakeholders in a key federal initiative to combat procurement fraud, provided a valuable reminder for government...more

Fox Rothschild LLP

DoD Makes Significant Changes to Bid Protest Requirements

Fox Rothschild LLP on

The 2025 National Defense Authorization Act (NDAA) includes two significant changes to DoD bid protests that are generally not favorable to contractors. (Both changes appear in Section 885 of the NDAA and can be viewed at...more

DLA Piper

Interstellar Insights - January 2025

DLA Piper on

As China's significant investments in its commercial space sector have raised concerns about technological competition, the Department of Defense is increasing its efforts to partner with emerging commercial space startups....more

Brownstein Hyatt Farber Schreck

SASC Chair Wicker’s Report and Bill Take Aim at DOD Inefficiencies

Just before the holidays, incoming Senate Armed Services Committee (SASC) Chairman Roger Wicker (R-MS) released a new report, “Restoring Freedom’s Forge,” along with a comprehensive new piece of legislation, the “Fostering...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

Foley & Lardner LLP on

Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Wiley Rein LLP

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

Wiley Rein LLP on

Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more

Wiley Rein LLP

FMS Modernization: Major Changes Could Be Coming to DOD’s Outdated Weapons Transfer Program

Wiley Rein LLP on

WHAT: Concerned about competition with China and Russia’s invasion of Ukraine, the U.S. Department of Defense (DOD) in August 2022 established a task force or “Tiger Team” of senior officials to look at ways DOD can...more

Hogan Lovells

A Survey of President Biden’s Executive Order on Promoting Competition in the American Economy

Hogan Lovells on

It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy.  The Executive Order outlines a “whole-of-government” approach to...more

Sheppard Mullin Richter & Hampton LLP

DOJ Sues to Block Merger Between Booz Allen Hamilton and EverWatch Based on Antitrust Concerns Relating to Single-Contract Market

The Department of Justice recently filed a complaint to prevent Booz Allen Hamilton’s $440 million acquisition of “agile and innovative” competitor EverWatch, Inc. Among the notable aspects of the complaint is its definition...more

Wiley Rein LLP

The State of the Base: DoD Diagnoses Barriers to Competition, but Has No Cure

Wiley Rein LLP on

What happened? Just weeks before the real State of the Union Address to Congress, the Department of Defense (DoD or Department) published a report on the “State of Competition within the Defense Industrial Base” (DIB Report)....more

McDermott Will & Emery

Kanter Signals DOJ to Follow FTC Lockstep, Calls for Substantial Change to Competition Enforcement Approach

McDermott Will & Emery on

In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more

Cadwalader, Wickersham & Taft LLP

FTC Sues to Block Lockheed’s Proposed Acquisition of Aerojet Rocketdyne in Milestone Defense Industry Vertical Challenge

The Federal Trade Commission (“FTC”) filed suit yesterday to block Lockheed Martin Corporation’s proposed $4.4 billion acquisition of Aerojet Rocketdyne Holdings Inc., announced back in December 2020. Aerojet, the last...more

Akin Gump Strauss Hauer & Feld LLP

America’s Pharmaceutical Supply Chain: An Overview of the Policy Landscape and Potential Path Forward

For several years, policy-makers and commentators have expressed concern about the resilience of the United States’ pharmaceutical supply chain. Current U.S.-based manufacturing capabilities have been at the forefront of...more

Akin Gump Strauss Hauer & Feld LLP

Timeline: Executive Order on Promoting Competition in the American Economy

On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, “Promoting Competition in the American Economy” (see recent alert here). The EO includes 72 initiatives by more than a dozen federal agencies in an...more

Perkins Coie

DoD’s Revised Acquisition Policy Highlights Goals of Flexibility and Speed in Procurement

Perkins Coie on

In a new directive, the U.S. Department of Defense (DoD) revised acquisition policies across the DoD to emphasize flexibility, competition, affordability, and performance as among the high-level objectives of a broader push...more

Akin Gump Strauss Hauer & Feld LLP

CMMC and the Three “Cs”: Cost, Conflicts and Competition

A. Introduction and Key Take-Aways - The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program provides a metric for independent third parties to use in assessing and certifying the...more

McDermott Will & Emery

Recent Indictments Demonstrate Increased Focus on Bid-Rigging in Government Procurements

Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased...more

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