Rephonic
Artwork for The FAR and Beyond
GAO
Anti-Deficiency Act
Impoundment Control Act
Intellectual Property
DFARS
Bid Protests
Department Of War
Department Of Defense
Buy American Act
Data Rights
Pratt & Whitney
Other Transaction Authorities
NAICS
FAR Part 6
31 USC 1341
Government Purchase Card
Fiscal Year 2026 Continuing Resolution
Revolutionary FAR Overhaul
Other Transaction Authority
AI Hallucinations

Hosted and produced by the Contract & Fiscal Law Department at The Judge Advocate General’s Legal Center and School (TJAGLCS). This podcast will take you on an illuminating journey through the intricate world of federal acquisition and procurement laws that fuel the Department of Defense and the American warfighter. We will bring you expert insights, in-depth interviews and engaging discussions to... more

PublishesWeeklyEpisodes44Founded2 years ago
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Government

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Artwork for The FAR and Beyond

Latest Episodes

In this episode, we dissect the Fiscal Year 2026 National Defense Authorization Act, focusing on how the Speed and Forge Acts are driving a massive legislative pivot toward streamlined defense acquisition reform. We explore critical updates including... more

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In this episode, we analyze the chronological restructuring of FAR Part 33 and the new addition of a "designated purpose" for the bid protest system intended to deter improper filings. We dive into substantive updates to agency-level protests, includ... more

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In this episode, we explore the Revolutionary FAR Overhaul (RFO) of FAR Part 15, highlighting the transition from traditional discussions to a more robust negotiation framework. We break down innovative evaluation methods like Highest Technically Rat... more

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In this episode, we discuss the streamlining of FAR Part 49 under the Revolutionary FAR Overhaul (RFO), which reduced the administrative "fluff" while keeping all existing legal termination clauses intact. Additionally, we analyze the substantive upd... more

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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 authorit... more

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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. ... more

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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 ph... more

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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 acquisiti... more

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Recent Guests

Dana Chase
Chief Trial Attorney of the Army Contract Litigation and IP Division
Army Contract Litigation and IP Division
Episode: The FAR and Beyond | Beyond Episode 37: The Limits of Authority: Unpacking the 40-Year Saga of Pratt & Whitney
Kristine Kassekert
Guest expert on OTAs and GAO/CFCL protest landscape
Episode: The FAR and Beyond | Beyond Episode 33: Beyond the FAR: Demystifying Other Transaction Authorities: Protests and Risk Management (Part 2)
Larry Brantley
Intellectual Property Counsel for the Army Materiel Command
Army Materiel Command, US Army
Episode: The FAR and Beyond | Beyond Episode 25: Intellectual Property and Data Rights
Kristine Hassinger
Assistant General Counsel at the Government Accountability Office, specializes in fiscal law
Government Accountability Office
Episode: The FAR and Beyond | Beyond Episode 23: Fiscal Law Updates with GAO
Erika Whelan Retta
Chief of the protest for the Air Force, Commercial Litigation Field Support Center
Air Force
Episode: The FAR and Beyond | Beyond Episode 22: AI Hallucinations in Bid Protests
Robert Neil
Chief of BID protests in the US Army Legal Services Agencies, Contract Litigation and Intellectual Property Division
U.S. Army
Episode: The FAR and Beyond | Beyond Episode 22: AI Hallucinations in Bid Protests
Edward Goldstein
Managing Associate General Counsel at GAO, in charge of the Bid Protest Team
Government Accountability Office (GAO)
Episode: The FAR and Beyond | Beyond Episode 21: GAO 2025 Bid Protest Update with GAO
Adam Caudle
Associate Deputy General Counsel, Army Office of the General Counsel
Army Office of General Counsel
Episode: The FAR and Beyond | Beyond Episode 20: The Revolutionary FAR Overhaul with Army OGC
Matthew Firing
Chair of the Contract & Fiscal Law Department
The Judge Advocate General's Legal Center and School (TJAGLCS)
Episode: The FAR and Beyond | Special Episode: How did Service Members get Paid During the Shutdown

Hosts

Ellie Sewell
Host of The FAR and Beyond; affiliated with TJAGLCS; recurrently discusses DoD contracting and fiscal law topics.
Jason Floyd
Co-host/Guest host on The FAR and Beyond; regular contributor to discussions on DoD contracting law.
Ed Callahan
Co-host; senior DoD contracting attorney providing practical legal analysis.
Hyann Muniz
Co-host; frequent contributor on procurement law topics.
Steve Soley
Co-host; focuses on contract and fiscal law within DoD acquisitions.

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Talking Points

Recent interactions between the hosts and their guests.

The FAR and Beyond | Special Episode: How did Service Members get Paid During the Shutdown
Q: So, sir, with that being the case, help me understand how us showing up to work every day, and you make me keep showing up to work, so I'm here. How is that not a violation of the ADA?
The ADA allows essential government functions to continue, and while obligations may be incurred under specific exceptions, the key point is that ongoing pay can be funded through authorized transfers and available unobligated balances, not through new general appropriations; the pay continuity is treated as an exception rather than broad spending.
The FAR and Beyond | Beyond Episode 28: Revolutions FAR Overhaul: FAR Part 6, Competition
Q: And sir, if you could walk us through a little bit, what do we mean when we're talking about competition changes?
We explain that FAR Part 6 governs competition, distinguish between procurement and non-procurement contracts, and emphasize that full and open competition applies to procurement contracts under applicable statutes, with standard procedures like sealed bidding or negotiation used to achieve that competition.
The FAR and Beyond | Beyond Episode 25: Intellectual Property and Data Rights
Q: How does right to repair influence data rights and sustainment decisions in the field?
Right to repair drives need to secure data and licensing to enable field maintenance, including possible additive manufacturing or scoping data delivery upfront to allow repairs without lengthy contractor dependence.
The FAR and Beyond | Beyond Episode 25: Intellectual Property and Data Rights
Q: What does the DFAR specify about the different rights, and where do they come from?
The DFAR outlines contract clauses that spell out who gets which rights, with key sections for tech data (227.71) and software (227.72), providing the framework for unlimited, government purpose, limited, and restricted rights.
The FAR and Beyond | Beyond Episode 25: Intellectual Property and Data Rights
Q: Let's jump into that. What are data rights, if you can?
Data rights are essentially license rights for technical data and software, defining what the government can do with the data generated during weapon system development, including unlimited rights, government purpose rights, or limited rights depending on who paid for the development.

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Frequently Asked Questions About The FAR and Beyond

What is The FAR and Beyond about and what kind of topics does it cover?

A show focused on the nuances of federal acquisition and procurement law, with a strong emphasis on DoD contracting, fiscal law, and government-industry practice. Across episodes, listeners hear deep dives into regulatory changes (FAR/DFARS), protest and bid evaluation dynamics, and practical implications for contracting officers, defense attorneys, and procurement professionals. Notable is the mix of seasoned government attorneys, policy experts, and industry practitioners who share insider perspectives, case histories, and pragmatic takeaways for navigating complex government contracts. The format often features rigorous analysis, policy context, and real-world implications for industry and the warfighter, making it a valuable resource fo... more

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1. The Quill & Sword
2. Bloomberg Law
3. War on the Rocks
4. UNBIASED Politics
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How many episodes of The FAR and Beyond are there?

The FAR and Beyond launched 2 years ago and published 44 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on The FAR and Beyond?

Recent guests on The FAR and Beyond include:

1. Dana Chase
2. Kristine Kassekert
3. Larry Brantley
4. Kristine Hassinger
5. Erika Whelan Retta
6. Robert Neil
7. Edward Goldstein
8. Adam Caudle

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