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OFPP Still Myth-Busting, Seeks to Improve Industry Engagement on Acquisition Issues

Client Alert | 1 min read | 05.30.19

On April 30, 2019, the Office of Federal Procurement Policy (OFPP) issued its fourth Myth-Busting memorandum, the purpose of which is to:

  • “[I]mprove awareness of vendor engagement strategies that Federal procurement thought leaders are using to create a more responsive buying process, modernize the acquisition culture, and deliver greater value to the taxpayer.”
  • Ask “each Chief Financial Officers Act (CFO Act) agency to ensure it has designated an industry liaison to work with the agency’s Acquisition Innovation Advocate (AIA), the Office of Small Disadvantaged Business Utilization (OSDBU), and other key acquisition personnel to promote modern vendor communication practices and counter misconceptions that drive today’s risk aversion culture[,]” i.e., “to serve as a conduit among acquisition stakeholders and promote strong agency vendor communication practices.”

The memorandum also:

  • “[H]ighlights ten misconceptions related to innovative practices” (three of which address key issues in acquisition innovation and the remainder of which address communicating with industry).
  • “[S]howcases successful agency efforts[.]” 
  • Explains that “new examples will be posted on the Innovation Hub of the Acquisition Gateway to foster dynamic conversations among the acquisition workforce.”

Insights

Client Alert | 2 min read | 05.14.26

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....