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OMB's Newly Proposed Acquisition Pilot Program Could Be a Game-Changer

Client Alert | 1 min read | 06.13.19

In late April, the Office of Management and Budget (OMB) sent a letter to Congress, which contained a number of legislative proposals to streamline and improve the agility and efficiency of the federal acquisition process, one of which would establish an “Acquisition Modernization Test Board.” According to the letter, this Board would authorize the Administrator of the Office of Federal Procurement Policy (OFPP) “to exercise a waiver of one or more acquisition or procurement laws as part of a pilot program to evaluate how changing the statutory requirement(s) might facilitate more efficient achievement of the purpose underlying the law.” Importantly, this proposal would give OFPP enormous discretion and flexibility to pilot innovative and new approaches to streamlining and deregulating acquisitions. OMB seeks enactment of this and other proposals as part of Title 8 (the acquisition title) of the Fiscal Year 2020 National Defense Authorization Act, and, assuming that Congress approves this expanded authority for OFPP (either as part of an NDAA or otherwise), industry should take this opportunity to recommend innovative acquisition pilots. 

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Client Alert | 2 min read | 04.29.25

President Trump Issues Executive Order Deprioritizing Disparate Impact Theory of Discrimination

On April 23, 2025, President Trump signed an executive order, Restoring Equality of Opportunity and Meritocracy, declaring it the policy of the United States “to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the constitution, Federal civil rights laws, and basic American ideals.” The order reasons that “disparate impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability.”...