In an important first, the yearly defense policy law, the National Defense Authorization Act (NDAA) for Fiscal Year 2026, directs the Department of Defense (DoD) to develop and implement a framework addressing the cybersecurity and physical security of artificial intelligence and machine learning technologies (AI/ML) acquired by the Pentagon.
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The FY 2026 National Defense Authorization Act
By Alexandra Barbee-Garrett, Olivia Lynch, Jonathan M. Baker, Laura J. Mitchell Baker, Caroline Brown, Jacob Canter, Adelicia R. Cliffe, Christian Curran, Sharmistha Das, Riley Delfeld, Matthew Ferraro, Rina Gashaw, Emily Golchini, Kate Growley, Michael G. Gruden, CIPP/G, Jacob Harrison, Brittany Kouroupas, Skye Mathieson, Sadina Montani, Vanessa A. Perumal & Kate Robb
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). …
CBCA’s FY 2025 Report – Examining the Numbers
In its recently published FY 2025 Annual Report (Report), the Civilian Board of Contract Appeals (CBCA) provided detailed statistics about appeals involving disputes between contractors and civilian agencies. This past year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs (70 appeals), the United States…
All Things Protest: Shutdown Impact, Heightened Pleading Standards, and AI Usage at GAO
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell attorneys cover impacts of the government shutdown on bid protests, GAO’s new pleading standards, and GAO’s dismissal of a…
Fastest 5 Minutes: DOJ Guidance re DEI, White House AI Action Plan
This week’s episode covers developments involving DOJ’s guidance for federal funding recipients regarding DEI and the White House AI Action Plan, and is hosted by Peter Eyre, Katie Erno, and Matthew F. Ferraro. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory…
May 2025 Bid Protest Sustain of the Month: In a Sustain-less Month, a Look Back at May’s Digested Dismissal Decisions
By Cherie Owen
The following is an installment in Crowell & Moring’s Bid Protest Sustain of the Month Series. In this series, Crowell’s Government Contracts Practice will keep you up to date with a summary of one of the most notable bid protest sustain decisions each month. Below, Crowell Consultant (and former GAO Bid Protest Hearing Officer) Cherie Owen…
Trump Administration Cyber Executive Order Revises Prior Administrations’ Requirements
On June 6, 2025 President Trump signed an Executive Order, Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order 14144 (the “Trump Cyber EO”). The Trump Cyber EO rescinds and modifies select Biden administration guidance from EO 14144 covering several cybersecurity regimes, including digital identity verification, artificial intelligence, and…
President Trump Rescinds 78 Executive Orders and Presidential Memorandums
On January 20, 2025, the White House issued an Executive Order (EO) that revoked 78 executive orders and presidential memorandums issued by President Biden between January 21, 2021 and January 19, 2025 that do not align with Trump Administration policies. Of those revoked by the EO, several impact government contracts and federal procurement, including, but…
OMB Releases Guidance to Advance Federal AI Acquisition
On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, Advancing the Responsible Acquisition of Artificial Intelligence in Government (Memo). The 36-page Memo builds on OMB’s March 2024 guidance governing federal agencies’ use of AI, Memorandum M-24-10, which we reported on here. The Memo addresses requirements and guidance for agencies acquiring…
Putting the “AI” in Compliance—DOJ Updates its Corporate Compliance Program Guidance to Address Emerging AI Risks and Leveraging Data
On Monday, September 23, 2024, the Department of Justice (DOJ), released an update to its Evaluation of Corporate Compliance Programs (ECCP) guidance. The ECCP guidance was last revised in March 2023, which brought a number of significant changes, including a focus on compensation and incentive structures (e.g., clawbacks), and third party messaging applications. This…