The Weekly Update recaps recent legislative and regulatory updates affecting
government contractors and commercial businesses.
If you have questions concerning this content, please email marketing@pilieromazza.com.
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DOD Push for Commercial Item and Service Contracting Increases Defense Contracting Opportunities, PilieroMazza Blog, Isaias “Cy” Alba, IV
PilieroMazza recently highlighted a Department of Defense (DOD) memo (linked here) requiring DOD Components to adopt the Software Acquisition Pathway (SWP) as the preferred acquisition method for business and weapon system programs. The memo also recommends using the Commercial Solutions Opening (CSO) and Other Transactions (OT) as the default solicitation and award approach (visit this link to access our blog series and webinar on “The Rise of OTA in Defense Contracting”). As DOD and other agencies are expected to increase Commercial Item and Service Contracting, government contractors in the technology industry should understand the requirements, benefits, and trends associated with such contracting to take advantage of defense contracting opportunities. Read more here.
Federal Acquisition Regulation (FAR) Final Rule: Clarification of System for Award Management (SAM) Preaward Registration Requirements
On August 7, the Department of Defense, General Services Administration, Office of Federal Procurement Policy, and the National Aeronautics and Space Administration published a final rule clarifying the SAM pre-award registration requirements. Offerors must be registered at the time of the offer submission and at the time of contract award but are not required to be registered between those two points in time. The rule is available here and is effective as of August 7, 2025. The Federal Acquisition Circular (FAC) Introduction is available here, the FAC Small Entity Compliance Guide is available here, and Technical Amendments are available here.
Federal Acquisition Regulation (FAR) Model Deviation Text for FAR Parts 5, 26, & 50
- On August 8, the FAR Council released the model deviation text for FAR Part 5, Publicizing Contract Actions; and FAR Part 26, Other Socioeconomic Programs. FAR Part 5 was revised to reduce complexity by making content easier to understand and use. FAR Part 26 was reorganized to follow the acquisition process (i.e., steps to take before solicitation vs. after award). The General Services Administration’s (GSA) memoranda and class deviations fully incorporating the same into all GSA procurements are available here: FAR Part 5 and FAR Part 26. Informal feedback is due September 22, 2025.
- On July 31, the FAR Council released the model deviation text for FAR Part 50, Extraordinary Contractual Actions and the SAFETY Act. FAR Part 50 was revised to update clarity and practical use. The General Services Administration’s (GSA) memorandum and class deviation fully incorporating the same into all GSA procurements are available here. Informal feedback is due September 15, 2025.
After Senate Moves Bipartisan Spending Bills, Dem Leaders Request Sit Down on Shutdown-Aversion Plan, Government Executive
The House and Senate Democratic leaders are asking their Republican counterparts to meet regarding government funding for fiscal year 2026, warning that a failure to do so could result in a government shutdown come October. The Senate is moving fiscal 2026 funding measures with ease, but there is still no overall strategy in Congress. Read more here.
Upcoming Government Contract Presentations
PM WEBINAR: Key Insights for GSA Schedule Contracting, August 26, 2025, Jon Williams, Lauren Brier
PM WEBINAR: How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, September 9, 2025, Lauren Brier, Josie Farinelli
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, September 11, 2025, Katherine B. Burrows, Eric Valle
PM WEBINAR: The Buy American Act and Trade Agreements Act: What Government Contractors Need to Know, September 17, 2025, Jacqueline K. Unger, Abigail “Abby” Finan
TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, October 2, 2025, Peter B. Ford, Meghan F. Leemon
PM WEBINAR: Managing the Financial Impact of Tariffs on Your Government Contract, October 7, 2025, Jacqueline K. Unger, Ryan Boonstra
PM WEBINAR: Avoiding Common Teaming and Subcontracting Pitfalls, October 16, 2025, Jon Williams
TRAINING: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, October 28, 2025, Daniel Figuenick, III, Abigail “Abby” Finan
Office of Personnel Management (OPM) Memorandum: Updated Guidance on President Trump’s Executive Order (EO) Strengthening Probationary Periods in the Federal Service
On August 7, OPM issued a memorandum updating its questions and answers and revising its guidance to clarify the factors used to determine if continued employment is in the public interest. OPM also provides new templates for agencies to use for communicating new probationary and trial period requirements to new employees. Read more here.
VA Terminates Most of Its Union Contracts, Appearing to Disregard OPM Guidance, Government Executive
The Veterans Affairs Department announced that it is terminating most of its contracts with federal employee unions effective immediately, making it the first agency to formally implement President Trump’s executive order aimed at stripping two-thirds of the federal workforce of their collective bargaining rights. The move runs against the Trump administration’s claims to federal jurists that agencies would wait until the conclusion of litigation challenging the president’s executive order seeking to outlaw collective bargaining at most federal agencies on national security grounds. Read more here.
A Second Appeals Court Has Allowed Trump’s Anti-Union EO to Go into Effect, Government Executive
A three-judge panel on the Ninth Circuit Court rejected claims that President Trump’s barring collective bargaining for two-thirds of the federal workforce was retaliatory, finding that the administration would have done so regardless of labor groups’ various legal challenges. Read more here.
Competing Numbers Emerge on Federal Workforce Reductions, Federal News Network
The Office of Personnel Management (OPM) provided the most up-to-date federal workforce numbers that we’ve seen so far, reporting that about 154,000 federal employees opted into the deferred resignation program (DRP) and left their agencies this year. Read more here.
Upcoming Labor & Employment Presentations
PM WEBINAR: Multijurisdictional Employers, Part 3: Best Practices for Paid Sick Leave and Family Leave, September 4, 2025, Nichole D. Atallah, Sara N. Strosser
CONFERENCE: Impact of the Trump Administration on Government Contracts, September 12, 2025, Nichole D. Atallah
TRAINING: Labor Rules & Regulations: Federal Market Compliance, October 22, 2025, Nichole D. Atallah
Federal Trade Commission (FTC) Press Release: FTC Data Show a More Than Four-Fold Increase in Reports of Impersonation Scammers Stealing Tens and Even Hundreds of Thousands from Older Adults
On August 7, the FTC announced that its new analysis showed an increase since 2020 in reports from older adults who lost more than $10,000 or their life savings to scammers impersonating government agencies and businesses. The scammers attempt to convince consumers that they must transfer money to the agency or business to protect it, when instead they steal the money. The scams typically take the form of telling lies to consumers, such as the following: someone is using their accounts, or the scammer is contacting the consumer to flag suspicious activity; the consumer’s information is being used to commit other crimes, such as money laundering; and fake security alerts that their online accounts have been hacked. Read more here.
NIST Seeks to Avoid Reinventing the Wheel with AI Security Guidance, Federal News Network
The National Institute of Standards and Technology (NIST) is addressing the security risks of artificial intelligence by building off its well-trodden cybersecurity guidance, as lawmakers also push NIST to boost AI standards and red teaming guidelines. NIST wants to help cybersecurity professionals manage the multifaceted impact of AI on their work, without crushing them with too much new guidance. Read more here.
NIST Releases Final Digital Identity Guidelines After Years of Drafts, NextGov/FCW
The National Institute of Standards and Technology (NIST) released new digital identity guidelines, updating standards dating back to 2017 to respond to a changing landscape. The new guidelines remove mentions of equity that NIST had included in previous draft updates. Read more here.
Small Defense Industrial Base (DIB) Firms Pose Tempting Targets for Nation-State Hackers, NSA Official Says, NextGov/FCW
Some 80% of the DIB firms are actually small firms, according to the NSA’s head of DIB security, who has helped over 200 providers identify thousands of vulnerabilities in their systems. Defense firms are attractive targets for nation-state hackers because they often hold sensitive technical data, intellectual property, or access credentials linked to U.S. military and intelligence systems. Even smaller contractors can serve as entry points into the broader defense ecosystem, making them a key focus for espionage campaigns. Read more here.
Federal Courts Disclose New Cyberattacks On PACER System, Law360
The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security. Read more here (subscription required).