The FAR and Beyond - The Judge Advocate General's Legal Center and School

Latest Episodes:

The FAR and Beyond | Beyond Episode 37: The Limits of Authority: Unpacking the 40-Year Saga of Pratt & Whitney May 20, 2026

Show notes

In this episode, we sit down with Mr. Adam Caudle and Miss Dana Chase to dissect the 39-year litigation in Secretary of Defense v. Pratt & Whitney. We analyze the Federal Circuit's 2025 decision, which reaffirmed that a contracting officer’s authority is not unlimited and that agreements violating mandatory FAR provisions are considered illegal and unenforceable. The discussion highlights the critical takeaway that while the revolutionary FAR overhaul encourages broader professional judgment, practitioners must still remain within the four corners of the FAR to ensure their agreements remain valid. Cases discussed: United Technologies Corp., Pratt & Whitney, ASBCA Nos. 47416, 50453, 50888, 01-2 BCA ¶ 31,592; Rumsfeld v. United Technologies Corp., 315 F.3d 1361 (Fed. Cir. 2003); United Technologies Corp., Pratt & Whitney, ASBCA No. 61623, 22-1 BCA ¶ 38,111; Secretary of Defense v. Pratt & Whitney, 148 F.4th 1354 (Fed. Cir. 2025). 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/.

The FAR and Beyond | Beyond Episode 36: Revolutionary FAR Overhaul: FAR Part 5: Tables over Text May 13, 2026

Show notes

In this episode, we discuss the streamlining of FAR Part 5 under the Revolutionary FAR Overhaul (RFO), which reorganizes the section into a chronological life cycle approach consisting of three main phases: pre-solicitation, solicitation, and award. We explore major updates including the retirement of the term "synopsis" in favor of "notice," the implementation of four user-friendly tables to clarify posting timeframes, and deleting outdated subparts. 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/.

The FAR and Beyond | Beyond Episode 35: Revolutionary FAR Overhaul: Great Discretion, Great Documentation: Navigating the Revolutionary FAR Overhaul (Phase 2) May 06, 2026

Show notes

In this episode, Mr. Adam Caudle from Army OGC joins us to discuss the transition into Phase 2 of the Revolutionary FAR Overhaul (RFO), emphasizing the new chronological restructuring of the FAR into solicitation, evaluation, award, and post-award phases. We analyze major shifts in FAR Part 15 and 19, such as the replacement of communications with discretionary clarifications and the end of the "once an 8(a), always an 8(a)" rule. We also highlight the significant threshold increases for certified cost and pricing data and cost accounting standards (CAS), and the broader discretion given to Contracting Officers. 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/.

The FAR and Beyond | Beyond Episode 34: Revolutionary FAR Overhaul: FAR Parts 1-4, Mission First Philosophy Apr 29, 2026

Show notes

In this episode, we break down the Revolutionary FAR Overhaul (RFO), focusing on the new "mission first" philosophy and the streamlining of Parts 1 through 4 to reduce administrative clutter. We examine the reorganization of FAR Part 4 into acquisition life cycle phases and the "security exodus" that moved supply chain risk requirements to the newly created FAR Part 40. We also provide guidance on navigating the latest DFAR class deviations for DFARS parts 201 through 204. 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/

The FAR and Beyond | Beyond Episode 33: Beyond the FAR: Demystifying Other Transaction Authorities: Protests and Risk Management (Part 2) Apr 22, 2026

Show notes

In this conclusion to our deep dive into Other Transactions (OTs), we sit down with Mr. Adam Caudle and Ms. Kristine Kassekert to debunk the myth that OT awards are immune to protests. We examine the current jurisdictional landscape at the GAO and Court of Federal Claims, highlighting why thorough documentation is essential not just for formal litigation, but also for answering potential inquiries from Congress or senior leadership. We also discuss the "fail fast" mentality and the unique flexibility of OTs, which allow us to manage projects through iterative payment milestones and open-ended collaboration rather than the rigid deadlines found in traditional acquisitions. 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/

The FAR and Beyond | Beyond Episode 32: Beyond the FAR: Demystifying Other Transaction Authorities (Part 1) Apr 15, 2026

Show notes

In this first part, we sit down with experts Mr. Adam Caudle and Ms. Kristine Kassekert to discuss the history of Other Transaction Authorities (OTAs) and the broad statutory definitions for prototype projects under 10 USC 4022. We explore the "team sport" nature of these agreements, highlighting how the iterative process and the ability for vendors to collaborate can lead to better mission outcomes than traditional FAR-based acquisitions. We also address the common myth that OTs have "no rules," clarifying that while they offer flexibility, practitioners must still navigate legal boundaries such as the Procurement Integrity Act and the Anti-Deficiency Act while maintaining a robust written record. 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/.

The FAR and Beyond | Beyond Episode 31: Knowledge vs. Intent: Analyzing Secondary Liability in Cox v. Sony Apr 08, 2026

Show notes

In this episode we analyze the Supreme Court's ruling in Cox Communications, Inc. v. Sony Music Entertainment, which explores the limits of secondary liability for internet service providers when users engage in copyright infringement. We discuss how the court determined that mere knowledge is insufficient for contributory liability, requiring plaintiffs to instead prove intent through "inducement" or "tailoring" frameworks derived from Sony Corp. of America v. Universal City Studios, Inc. and MGM Studios, Inc. v. Grokster, Ltd. We also highlight that the Digital Millennium Copyright Act (DMCA) safe harbor acts as a shield rather than a sword, underscoring the necessity for organizations to maintain active policies against service misuse. 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/.

The FAR and Beyond | Beyond Episode 30: SBA Size Protests and Administrative Failures Apr 01, 2026

Show notes

In this episode we explore recent developments at the Small Business Administration's Office of Hearings and Appeals regarding size protests and the consequences of administrative breakdowns. We first examine how the Stripes Global Appeal regarding RCG of North Carolina clarifies that licensing disputes are matters of contractor responsibility rather than size issues. Finally, we analyze the Pelican Residences protest, where a nine-month administrative delay and ignored show cause orders forced OHA to declare a contractor ineligible under the ostensible subcontractor rule. Case Citation: Size Appeal of Stripes Global, Inc., SBA No. SIZ-6375 (2026); Size Appeal of Veteran Elevated Solutions, LLC, SBA No.: SIZ-6350 (2025) 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/.

The FAR and Beyond | Beyond Episode 29: NAICS Challenge: Navigating SBA Jurisdiction and Small Business Standards Mar 25, 2026

Show notes

In this episode, we explore the critical role of NAICS codes in federal procurement, highlighting why the SBA’s Office of Hearings and Appeals (OHA) is the exclusive venue for these time-sensitive challenges. We break down the "principal purpose" test through a detailed analysis of a successful appeal where a contractor argued that a project's complexity required a much higher size standard than the one initially assigned. Case Citation: Venergy Group LLC, SBA No. NAICS-6377 (2026) 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/.

The FAR and Beyond | Beyond Episode 28: Revolutions FAR Overhaul: FAR Part 6, Competition Mar 18, 2026

Show notes

In this episode, we break down the Revolutionary FAR Overhaul (RFO) and its impact on FAR Part 6. We dive deep into the new competition requirements and discuss critical Class Deviations affecting DFARS Part 206. 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/

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