The System for Award Management (SAM, available at sam.gov) is set to incorporate Revolutionary FAR Overhaul (RFO) changes as early as the first quarter of 2026. The RFO process, which began earlier this year, will trigger matching changes to representations and certifications in SAM.gov.Continue Reading Not Just the FAR, SAM.gov Gets Overhauled Too
FAR Council Issues Rewrites to FAR Parts 8 and 12
On August 14, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council) issued draft revisions to FAR Part 8 and FAR Part 12 (as well as to FAR Parts 4 and 40). These are the latest rewrites under the Revolutionary FAR Overhaul (RFO) initiative pursuant to Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which we previously reported on here.Continue Reading FAR Council Issues Rewrites to FAR Parts 8 and 12
The End of the Continuous SAM Registration Requirement …. Almost
On August 7, 2025, the FAR Council issued a final rule amending FAR 52.204-7 to clarify that, effective immediately, an offeror’s failure to maintain continuous System for Award Management (SAM) registration between proposal submission and contract award does not render the offeror ineligible for award, so long as the offeror was registered in SAM at the time of proposal submission and is registered at the time of contract award. The final rule should address situations like TLS Joint Venture, LLC, B-422275, Apr. 1, 2024, 2024 CPD ¶ 74, where an offeror’s SAM registration lapsed for a single day between the proposal submission and award dates, and GAO found the offeror ineligible for award.Continue Reading The End of the Continuous SAM Registration Requirement …. Almost
New 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 Front
New 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 Imminent
First Round of FAR Rewrites Released
On May 2, 2025, the Office of Federal Procurement Policy (“OFPP”) and the Federal Acquisition Regulatory Council (“FAR Council”) issued the first round of promised FAR rewrites—to Parts 1, 34, and 52—alongside a guidance memorandum for agencies subject to the FAR, Deviation Guidance to Support the Overhaul of the Federal Acquisition Regulation (“FAR Council Deviation Guidance”). The Office of Management and Budget also released a guidance memo, Overhauling the Federal Acquisition Regulation (“OMB Guidance”), that addresses the proposed implementation roadmap for the FAR overhaul. These initial FAR revisions follow the April 15, 2025 Executive Order (“EO”), Restoring Common Sense to Federal Procurement, which we previously reported on here.Continue Reading First Round of FAR Rewrites Released
SAM Scams: Protect Your Company
Recently, there has been a significant increase in scams targeting users of the System for Award Management (SAM.gov). Active SAM registrations are required for federal government contractors, including to receive contracts and payments. The non-public portions of these registrations include bank account information, tax information, and other sensitive information about a company. Recent phishing scams and efforts to gain access to registrations indicate sophisticated actors are attempting to manipulate SAM registrations, possibly for access to payments from the government, among other reasons. Company SAM registration Administrators should protect the company’s SAM registration from unauthorized access to the greatest extent possible.Continue Reading SAM Scams: Protect Your Company
CMMC Final Rule Includes M&A Trigger for New Assessment
As Crowell covered in a recent alert, the Department of Defense (DoD) on October 11, 2024 released a final rule (the “Final Program Rule”) formalizing the requirements, assessment processes, and related governance for its Cyber Maturity Model Certification Program (CMMC).Continue Reading CMMC Final Rule Includes M&A Trigger for New Assessment
DOJ Announces Safe Harbor for Acquirers Who Disclose Pre-Acquisition Misconduct
On October 4, 2023, Deputy Attorney General (DAG) Lisa O. Monaco announced the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (Safe Harbor Policy). Following other announcements from DOJ over the past two years aimed at encouraging voluntary self-disclosures, the Safe Harbor Policy was adopted because DOJ does not want to “discourage companies with effective compliance programs from lawfully acquiring companies with ineffective compliance programs.” Through this new policy, DOJ is aiming to incentivize acquirers to timely disclose misconduct discovered during the M&A process (including pre-closing diligence and post-closing integration).Continue Reading DOJ Announces Safe Harbor for Acquirers Who Disclose Pre-Acquisition Misconduct
Watchdog Says: DoD Needs Department-Wide AI Acquisition Guidance
On June 29, 2023, the Government Accountability Office (GAO) released its second report[1] on Department of Defense (DoD) artificial intelligence (AI) acquisition efforts. This latest report examines the DoD’s lack of formal AI acquisition guidance and identifies key principles from the private sector that can be applied to the DoD’s AI acquisition efforts.
Although