Aeropace and Defense Legal Learning Center
Regulatory
Challenging and Defending U.S. Government Contract Awards: Strategic Use of Bid Protests in the 2026 Procurement Landscape
In today’s competitive federal marketplace, bid protests have become a strategic tool—not just a legal remedy. Whether challenging an award or defending one, companies must navigate a complex and evolving framework of rules, deadlines, and procedural tactics to protect their interests and advance their business goals.
This session offers a practical guide to the bid protest process in 2026, including:
- Protest Forums and Pathways: Understanding the roles of the Government Accountability Office (GAO), U.S. Court of Federal Claims, and agency-level protests.
- Post-Award Debriefing Strategy: Leveraging debriefings to uncover protest grounds, preserve rights, and shape future proposals.
- Common Grounds for Protest: Identifying evaluation errors, organizational conflicts of interest, and procedural missteps that often lead to sustained protests.
- Defending Awards and Intervening: Best practices for awardees to protect their contracts and participate effectively in protest litigation.
- Business-Driven Protest Tactics: Using protests to gain insight into competitors, influence agency behavior, and refine long-term capture strategies.
Contracting with the U.S. Government: Compliance Trends and Enforcement Risk in 2026
A&D companies operating in the federal space face a uniquely complex compliance environment—where regulatory missteps can trigger reputational damage, financial penalties, and even suspension or debarment. As enforcement intensifies and rules evolve, staying ahead of compliance obligations is more critical than ever.
This session offers a strategic overview of emerging compliance developments and enforcement trends affecting government contractors, including:
- Ethics and Business Conduct: Updates on mandatory disclosure obligations, internal investigations, and ethics program expectations under FAR and DFARS.
- Cybersecurity and CMMC 2.0: Navigating the rollout of Cybersecurity Maturity Model Certification requirements and safeguarding Controlled Unclassified Information (CUI).
- Supply Chain and Sourcing Restrictions: Complying with the Buy American Act, Section 889, and evolving domestic content rules amid geopolitical tensions.
- Labor and Employment Compliance: Managing obligations under the Service Contract Act Labor Standards, Davis-Bacon Act, and new federal workforce initiatives.
- False Claims Act Enforcement: Analyzing DOJ priorities, whistleblower activity, and risk mitigation strategies in light of recent case law and settlements.
International Contract Drafting: Navigating Legal Risk in a Global Marketplace
As cross-border business becomes the norm, drafting contracts that span jurisdictions is more complex—and more critical—than ever. From divergent legal systems to evolving geopolitical tensions, companies must anticipate and mitigate risks that arise when contracts operate across international boundaries.
This session provides practical guidance for drafting and negotiating international contracts in 2026, with a focus on:
- Common Law vs. Civil Law Systems: Understanding key structural and interpretive differences—and how to draft with both in mind.
- High-Risk Clauses and Red Flags: Identifying pitfalls in dispute resolution, governing law, force majeure, indemnities, and data transfer provisions.
- Real-World Lessons Learned: Case studies of contract failures and successes across borders, and how to apply those insights to future deals.
- Compliance and Enforcement Trends: Addressing global developments in anti-corruption, sanctions, digital trade, and ESG-related obligations.
Other Transaction Agreements (OTAs): Leveraging Nontraditional Acquisition Pathways for Innovation in 2026
Other Transaction (OT) authority continues to be a transformative acquisition tool for the U.S. Department of Defense (DoD) and select federal agencies, offering a flexible alternative to traditional FAR-based procurement. OT Agreements (OTAs) are increasingly used to accelerate innovation, attract nontraditional defense contractors, and streamline the development of emerging technologies in the A&D sector.
This session provides a strategic overview of OTAs in 2026, including:
- OTA Fundamentals: Understanding the legal basis, eligibility criteria, and structural differences from FAR contracts and grants.
- Agency Use and Trends: How DoD and other agencies are deploying OTAs to support R&D, prototyping, and—especially in areas like AI, cybersecurity, and autonomous systems.
- Risk and Compliance Considerations: Managing intellectual property rights, cost-sharing obligations, audit exposure, and termination risks.
- Partnering for Success: Best practices for teaming arrangements, consortium participation, and negotiating favorable terms.
Supply Chain Compliance for the U.S. Government Market: Mitigating Risk and Meeting Federal Standards in 2026
A&D companies serving the U.S. government face increasingly complex supply chain compliance obligations. From national security concerns to evolving sourcing restrictions, contractors must navigate a dynamic regulatory landscape that demands transparency, resilience, and proactive risk management.
This session provides a strategic overview of current supply chain compliance requirements and practical guidance for navigating them, including:
- Foreign Ownership, Control, or Influence (FOCI): Understanding mitigation strategies and facility clearance implications under the National Industrial Security Program (NISP).
- Prohibited Technologies and Vendors: Complying with Section 889 and related bans on certain telecommunications and surveillance equipment from adversarial nations.
- Domestic Sourcing and Trade Restrictions: Navigating the Buy American Act, Trade Agreements Act, and Defense Federal Acquisition Regulation Supplement (DFARS) sourcing mandates.
- Supply Chain Risk Management (SCRM): Implementing due diligence, traceability, and cybersecurity controls to meet federal expectations and avoid enforcement actions.
- Enforcement and Oversight Trends: Preparing for audits, investigations, and False Claims Act exposure tied to supply chain misrepresentations or noncompliance.
Strengthened Buy American Requirements: Compliance, Risk Mitigation, and Competitive Positioning
A&D companies contracting with the U.S. government face increasingly stringent “Buy American” mandates. Recent executive actions, regulatory updates, and judicial interpretations have elevated the importance of domestic sourcing, origin verification, and supply chain transparency.
This session provides a strategic overview of the strengthened Buy American landscape in 2026, including:
- Key Regulatory Developments: Updates to the Buy American Act (BAA), Trade Agreements Act (TAA), and FAR/DFARS sourcing rules—including increased domestic content thresholds and expanded country-of-origin restrictions.
- Compliance Best Practices: Tools for verifying origin, managing supplier certifications, and aligning procurement systems with evolving federal standards.
- Risk Areas and Enforcement Trends: Insights into audits, False Claims Act exposure, and reputational risks tied to sourcing misrepresentations or noncompliance.
- Strategic Advantage: How proactive compliance can strengthen bid competitiveness, support ESG goals, and align with agency preferences for resilient, secure supply chains.
Building Resilient Supply Chains for the European Energy Transition
As Europe accelerates its transition to a sustainable and low-carbon energy future, the resilience of supply chains has become a critical factor in achieving energy security and meeting ambitious climate goals. This course explores the legal, regulatory, and practical challenges of building robust and adaptable supply chains to support the European energy transition.
Key topics covered include:
- The Role of Supply Chains in Energy Transition
- Regulatory and Policy Drivers
- Managing Risks and Disruptions
- Sustainability and Circular Economy
- Opportunities for Innovation and Collaboration
U.S. Antitrust Policy and Enforcement in 2026: Navigating a Dynamic Landscape
As the U.S. antitrust landscape continues to evolve, 2026 brings heightened scrutiny, new enforcement priorities, and significant regulatory developments that businesses and legal professionals must understand to stay compliant and competitive. This CLE course provides a forward-looking analysis of U.S. antitrust policy and enforcement trends, equipping participants with the tools to navigate this complex and dynamic area of law.
Key topics include:
- Evolving Enforcement Priorities: Insights into the latest priorities of the Federal Trade Commission (FTC) and the Department of Justice (DOJ), including their focus on digital markets, labor issues, and merger control.
- Legislative and Regulatory Developments: An overview of recent legislative changes and proposed reforms aimed at modernizing antitrust laws to address challenges posed by emerging technologies and market consolidation.
- Merger Review in 2026: A deep dive into the increasingly rigorous merger review process, including practical guidance on preparing for investigations, managing second requests, and addressing potential remedies.
- Antitrust in the Digital Economy: How antitrust enforcement is adapting to the dominance of tech platforms, data-driven markets, and the rise of AI.
- Litigation Trends and Risk Mitigation: Key takeaways from recent antitrust litigation, including class actions and private enforcement, and strategies for minimizing antitrust risks in business operations.
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