On July 2, 2026, the Department of War (DoW) issued an Advance Notice of Proposed Rulemaking (ANPR) setting out a framework to implement the prohibition on acquisition of covered printed circuit boards (PCBs) from “covered nations”—North Korea, China, Russia, and Iran—enacted under sections 841 and 851 of the National Defense Authorization Acts (NDAAs) for Fiscal Years 2021 and 2022, respectively, and codified at 10 U.S.C. § 4873. DoW invites industry to respond to specific questions and provide comments on the ANPR by August 31, 2026.
Continue Reading At Long Last, DoW Signals Rule Implementing PCB Prohibition and Commercial Exemptions
Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts
On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert.
Continue Reading Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified ContractsSection 5949 Proposed Rule Puts the FAR Council’s Chips on the Table
On February 17, 2026, the Federal Acquisition Regulatory Council (FAR Council) released a Proposed Rule (Proposed Rule) to implement Section 5949(a) of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 (Section 5949), following the FAR Council’s May 3, 2024 Advanced Notice of Proposed Rulemaking (ANPR). Comments on the proposed rule are due by April 20, 2026.
Continue Reading Section 5949 Proposed Rule Puts the FAR Council’s Chips on the TableThe FY 2026 National Defense Authorization Act
On December 18, 2025, the Fiscal Year 2026 National Defense Authorization Act (FY 2026 NDAA) (P.L. 119-60) was signed into law. The Act makes significant changes to defense acquisition, sourcing restrictions, and interactions between the Defense Industrial Base (DIB) and the Department of Defense (DOD).
Continue Reading The FY 2026 National Defense Authorization ActOff the (Supply) Chain: Director of National Intelligence Issues First Exclusion and Removal Order Under the Federal Acquisition Supply Chain Security Act
On September 18, 2025, the Director of National Intelligence (DNI) issued the first order under the authority conferred by the Federal Acquisition Supply Chain Security Act (FASCSA), requiring exclusion and removal of products and services by an identified source.[1]
Final Rule Implements Restrictions on Simultaneous Consulting Work for DOD and Covered Foreign Entities
On August 25, 2025, the Department of Defense (DoD) issued the Final Rule implementing Section 812 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 (P.L. 118-31). The Final Rule will take effect on October 24, 2025 via a new solicitation provision, DFARS 252.209-7012 (Prohibition Relating to Conflicts of Interest in Consulting Services – Certification).
Continue Reading Final Rule Implements Restrictions on Simultaneous Consulting Work for DOD and Covered Foreign EntitiesP-R-C You Later! GSA Previews Final Transition to Transactional Data Reporting for Schedule Contract Pricing
On June 9, 2025, the General Services Administration (GSA) Federal Acquisition Service (FAS) quietly announced that Transactional Data Reporting (TDR) would be exiting “pilot” status; under Refresh 27 to the Multiple Award Schedule (MAS), TDR will be mandatory for all eligible Special Item Numbers (SINs), effective beginning in the next sales reporting quarter after each contractor accepts the modification, with remaining SINs to be added in future refreshes.
Continue Reading P-R-C You Later! GSA Previews Final Transition to Transactional Data Reporting for Schedule Contract PricingNew SF-328 Released and Embedded Guidance Seeks More Information Up Front
On May 12, 2025, the Defense Counterintelligence and Security Agency (DCSA) released a new SF-328[1] consisting of 9 questions and 6 pages of instructions that detail the types of supporting documentation requested and identify information required by different responding entities (e.g., corporate, non-profit, academic, etc.). With this SF-328, DCSA is seeking certain frequently requested information and documents with initial SF-328 submissions rather than obtaining these documents through communications or revised SF-328 submissions. Additionally, when completed, the new SF-328 is considered Controlled Unclassified Information (CUI).
Continue Reading New SF-328 Released and Embedded Guidance Seeks More Information Up FrontNew SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication Imminent
On May 7, 2025, the Defense Counterintelligence and Security Agency (DCSA or the “Agency”) announced the approval[1] of a revised and expanded Standard Form (SF) 328, Certificate Pertaining to Foreign Interests. Contractors and subcontractors engaged in work involving classified information use the SF-328 for disclosures relating to foreign ownership, control, or influence—and the form will soon be required for contractors and subcontractors in the unclassified space for certain covered contracts. Publication of the updated form has not yet occurred but is expected as soon as this weekend (May 10-11). New SF-328 forms will be required for initial and changed condition packages initiated on or after May 12 according to a National Industrial Security System (NISS) communication today.
Continue Reading New SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication ImminentTrump’s Government Contracts Rebrand: From “Government” Procurement to “Just-GSA” Procurements
On March 20, 2025, the White House issued Executive Order (“EO”), “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” to consolidate domestic civilian contracting for “common goods and services” within one agency—the General Services Administration (“GSA”). The EO defines “common goods and services” as those described in the Category Management system first developed as part of a previous effort, dating back to 2014, to coordinate spending across the government.
Continue Reading Trump’s Government Contracts Rebrand: From “Government” Procurement to “Just-GSA” Procurements