The Quill & Sword | The FAR & Beyond Episode 27: All About AI: Part II: Ask Sage Protest Follow-up

In this episode, we analyze how the overhaul of FAR Part 18, emergency acquisitions by condensing FAR Part 18 and relocating general acquisition flexibilities to a centralized reference at acquisition.gov. Listeners will learn how the updated RFO framework eliminates redundant non-statutory language while retaining critical higher spending thresholds, local contracting preferences, and key statutory emergency authorities. 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 Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the discovery and disclosure rules under R.C.M. 701 and R.C.M. 703, highlighting the tension between a victim's Fourth Amendment privacy rights in digital evidence and the accused's statutory right to discovery. We examine whether the military judge erred in denying defense access to a complete forensic data extraction of the victim's cell phone when the government held physical possession of the data, but the victim had consented only to a limited, location-related search. We provide key takeaways on the strategic trial application of the harmless error standard, the evolving definition of physical possession in the digital age, and the broader appellate trajectory of balancing Fourth versus Sixth Amendment rights in military courts.

In this episode, we analyze the overhaul of FAR Part 17, highlighting key additions such as the explicit codification of reverse auctions and the removal of the default five-year ceiling on option periods. We also discuss structural streamlining across the subparts, the relocation of procedural best practices to the non-regulatory FAR Companion, and the broader policy shift toward judgment-based procurement practices. 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 Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/

In this episode, we explore the major shift in FAR Part 16 from a restrictive to a permissive regulatory philosophy, as well as the new agency justification requirements for non-fixed-price contracts introduced under Executive Order. We also break down key structural reorganizations across the subparts and highlight new acquisition flexibilities, including establishing BPAs under IDIQ contracts and the formal codification of vendor on-ramps and off-ramps. 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 Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we unpack the massive revamp of FAR Part 13, which completely strips out commercial clutter to focus strictly on simplified procedures for non-commercial acquisitions. We discuss operational updates for contracting officers, including the migration of payment clauses to Part 32, the transition to a dynamic online list of inapplicable laws, and the strict new legal distinction between canceling an unaccepted purchase order versus terminating an accepted one. 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 Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.