The Quill & Sword | The FAR & Beyond Episode 57: Revolutionary FAR Overhaul: FAR Part 17: Overhauling Special Contract Methods

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. 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 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/.

In this episode, we examine FAR Part 9, explaining how major sections—including pre-award surveys and contractor team arrangements—have been removed from codified regulation and relocated to the non-regulatory FAR Companion Guide. We also detail core retained statutory standards updated for plain language, along with critical new administrative rules that make non-compliance a direct trigger for suspension or debarment proceedings. 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 residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third party's recorded confession and apology letter to the victim's parents, and whether admitting that evidence for impeachment alone infringed a weighty interest of the accused. We provide takeaways on the current trustworthiness standard, the line between judicial gatekeeping and panel credibility determinations, and the appellate risk of excluding exculpatory evidence. 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 hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We examine whether a victim's statements to law enforcement were admissible to rehabilitate credibility attacked on the “other ground” of faulty memory in Ruiz, and of inconsistency in Brown, along with CAAF's clarification of Ayala on when both subsections may apply. We provide takeaways on anticipating impeachment, making strategic decisions about highlighting inconsistencies, and using bench briefs to frame the issue for the military judge. 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 mandatory priority ladder for federal procurement, guiding contracting professionals through the essential "rules of the road" for sourcing supplies and services. They also highlight crucial updates on using the Spend Under Management tiers, the relocation of Federal Supply Schedule procedures to the GSAM, and the streamlined three-day explanation process for unsuccessful quoters. 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 two proposed rules from the Small Business Administration (SBA) that could qualify companies with up to half a billion dollars in annual revenue as small businesses. The hosting team breaks down the five major proposed shifts—including massive NAICS code consolidation, a preference for headcount-based standards, and the "hold harmless" policy—detailing exactly how these changes will reshape the "rule of two" and the competitive landscape for federal contractors. 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 dive into the Revolutionary FAR Overhaul (RFO) to explain how FAR Part 8 has been completely restructured, consolidating three FAR parts into one and moving Federal Supply Schedule (FSS) ordering procedures out of the FAR and into the GSAM. We detail essential shifts for acquisition professionals, including the new required-use contract hierarchy, defense-specific deviations, and the strict three-day timeline for providing brief explanations to unsuccessful quoters. 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).