The FAR and Beyond

In this episode, we analyze the comprehensive restructuring of DFARS Part 227, which organizes intellectual property into commercial and non-commercial "hemispheres" and introduces a new unified "super clause" for technical data and software. The episode also highlights critical substantive updates, including the extension of the validation timeline to six years and a new strategic emphasis on res...

In this episode, discuss the Department of War's transition from traditional, siloed acquisition systems to an agile, portfolio-centric model designed to keep pace with modern warfare. They explore the groundbreaking role of the Portfolio Acquisition Executive (PAE) established in the FY26 NDAA, which integrates requirements, budgeting, and execution into a single node to provide the speed and fle...

In this episode, we dissect the Fiscal Year 2026 National Defense Authorization Act, focusing on how the Speed and Forge Acts are driving a massive legislative pivot toward streamlined defense acquisition reform. We explore critical updates including the new statutory definition of "best value," significant threshold increases for mandatory cost data and Cost Accounting Standards, and the strategi...

In this episode, we analyze the chronological restructuring of FAR Part 33 and the new addition of a "designated purpose" for the bid protest system intended to deter improper filings. We dive into substantive updates to agency-level protests, including the mandatory disclosure of redacted Source Selection Decision documents (SSDD) to protesters and the streamlined approval levels for overrides of...

In this episode, we explore the Revolutionary FAR Overhaul (RFO) of FAR Part 15, highlighting the transition from traditional discussions to a more robust negotiation framework. We break down innovative evaluation methods like Highest Technically Rated with a Fair and Reasonable Price and phased acquisitions. Additionally, the discussion covers the expanded role of clarifications, the simplified d...

In this episode, we discuss the streamlining of FAR Part 49 under the Revolutionary FAR Overhaul (RFO), which reduced the administrative "fluff" while keeping all existing legal termination clauses intact. Additionally, we analyze the substantive updates to FAR Part 12 concerning terminations for cause. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://t...

In this episode, we sit down with Mr. Adam Caudle and Miss Dana Chase to dissect the 39-year litigation in Secretary of Defense v. Pratt & Whitney. We analyze the Federal Circuit's 2025 decision, which reaffirmed that a contracting officer’s authority is not unlimited and that agreements violating mandatory FAR provisions are considered illegal and unenforceable. The discussion highlights the crit...

In this episode, we discuss the streamlining of FAR Part 5 under the Revolutionary FAR Overhaul (RFO), which reorganizes the section into a chronological life cycle approach consisting of three main phases: pre-solicitation, solicitation, and award. We explore major updates including the retirement of the term "synopsis" in favor of "notice," the implementation of four user-friendly tables to clar...

In this episode, Mr. Adam Caudle from Army OGC joins us to discuss the transition into Phase 2 of the Revolutionary FAR Overhaul (RFO), emphasizing the new chronological restructuring of the FAR into solicitation, evaluation, award, and post-award phases. We analyze major shifts in FAR Part 15 and 19, such as the replacement of communications with discretionary clarifications and the end of the "o...

In this episode, we break down the Revolutionary FAR Overhaul (RFO), focusing on the new "mission first" philosophy and the streamlining of Parts 1 through 4 to reduce administrative clutter. We examine the reorganization of FAR Part 4 into acquisition life cycle phases and the "security exodus" that moved supply chain risk requirements to the newly created FAR Part 40. We also provide guidance on...

In this conclusion to our deep dive into Other Transactions (OTs), we sit down with Mr. Adam Caudle and Ms. Kristine Kassekert to debunk the myth that OT awards are immune to protests. We examine the current jurisdictional landscape at the GAO and Court of Federal Claims, highlighting why thorough documentation is essential not just for formal litigation, but also for answering potential inquiries...

In this first part, we sit down with experts Mr. Adam Caudle and Ms. Kristine Kassekert to discuss the history of Other Transaction Authorities (OTAs) and the broad statutory definitions for prototype projects under 10 USC 4022. We explore the "team sport" nature of these agreements, highlighting how the iterative process and the ability for vendors to collaborate can lead to better mission outcom...

In this episode we analyze the Supreme Court's ruling in Cox Communications, Inc. v. Sony Music Entertainment, which explores the limits of secondary liability for internet service providers when users engage in copyright infringement. We discuss how the court determined that mere knowledge is insufficient for contributory liability, requiring plaintiffs to instead prove intent through "inducement...

In this episode we explore recent developments at the Small Business Administration's Office of Hearings and Appeals regarding size protests and the consequences of administrative breakdowns. We first examine how the Stripes Global Appeal regarding RCG of North Carolina clarifies that licensing disputes are matters of contractor responsibility rather than size issues. Finally, we analyze the Pelic...

In this episode, we explore the critical role of NAICS codes in federal procurement, highlighting why the SBA’s Office of Hearings and Appeals (OHA) is the exclusive venue for these time-sensitive challenges. We break down the "principal purpose" test through a detailed analysis of a successful appeal where a contractor argued that a project's complexity required a much higher size standard than t...

In this episode, we break down the Revolutionary FAR Overhaul (RFO) and its impact on FAR Part 6. We dive deep into the new competition requirements and discuss critical Class Deviations affecting DFARS Part 206. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from acr...

On this episode, we break down two recent GAO decisions concerning the General Services Administration’s (GSA) "OneGov" initiative. We examine the protests filed by Ask Sage, Inc. regarding GSA’s $1-a-year modification deals with OpenAI and Anthropic. Join us as we discuss why the GAO dismissed these challenges and what it means for the future of AI procurement in the federal government. Cases dis...

On this Episode, we discuss Other Transactions. We discuss the basics of Other Transactions, how they can be used and the authority that goes along with them. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate...

On this Episode, we deep dive into Intellectual Property (IP) Law. Mr. Larry Brantley, HQ AMC Intellectual property Counsel, joins us to discuss IP and Data Rights. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four se...

On this Episode, we dive into Intellectual Property (IP) Law. We discuss the different types of IP and discuss IP at basic 101 level. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Dep...

On this Episode, Ms. Kristine Hassigner from the Government Accountability Office joins us to talk about 2025 Fiscal Law updates. We deep dive into some of the Impoundment Control Act decisions from this past year. Cases discussed: Dep’t of the Interior—Applicability of the Impoundment Control Act to Pause of Large-Scale Water Recycling and Reuse Program, B-337233 (Comp. Gen. July 23, 2025); Dep’t...

On this Episode, Mr. Robert Neil, Army’s Contract Litigation and Intellectual Property Division, and Ms. Erika Whelan Retta, Air Force’s Acquisitions, Fiscal Law and Litigation Directorate, join us this week to talk about AI hallucinations. We talk about recent case decisions and the impact AI has on Bid Protests. Cases discussed: Raven Investigations & Security Consulting, LLC, B-423447, May 7, 2...

On this Episode, Mr. Edward Goldstein from the Government Accountability office joins us to talk about Bid Protests. We discuss all the new updates from 2025, AI hallucinations, and more. Cases discussed: Raven Investigations & Security Consulting, LLC, B-423447, May 7, 2025, 2025 CPD ¶ 112; Oready, LLC, B-423649 et al., Sept. 25, 2025, 2025 CPD ¶ 238; S2 Analytical Solutions, LLC, B-422281.3, Dec...

On this Episode, we discuss the new Revolutionary FAR Overhaul with Mr. Adam Caudle from the Army Office of Government Counsel. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Departmen...

On this Episode, we discuss the History of Government Contracts and the FAR. We also talk about the new Revolutionary FAR Overhaul. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Depar...