The FAR and Beyond

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/.

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/.

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/.

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/.

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/