Contract Claims 101: Uncommon Theories, Part 5
While it is likely only a matter of time before contractors working for federal agencies become familiar with the government contract claim issues discussed in Part 4 of our series (e.g., changes, delays, defective specifications, and terminations), it is equally important that contractors are also aware of the less common and often more difficult claim theories recognized by federal courts as well as boards authorized under the Contract Disputes Act (CDA). These claims are less common as they often flow from narrower . . . Read More
Ending Discrimination in Government Contracting Act Proposes to Eliminate Preferences for 8(a) and WOSB Firms
On April 27, 2026, Senator Mike Lee (R-UT) and Congressman Glenn Grothman (R-WI) introduced companion bills called “Ending Discrimination in Government Contracting Act.” The bills (H.R. 8511) and (S. 4390) seek to eliminate federal contracting preferences for “socially and economically disadvantaged individuals” and “small business concerns owned and controlled by women,” essentially gutting the statutory bases for the Small Business Administration’s Woman-Owned Small Business (WOSB) and 8(a) Business Development Program (the 8(a) Program). Following President Trump’s March 26, 2026, Executive . . . Read More
The Shifting Landscape for Foreign Ownership, Control, or Influence, Part 1: Understanding the Proposed Rule
The Department of Defense (DOD) recently released a Proposed Rule ( Rule ) that would expand federal contractors’ and subcontractors’ obligations regarding disclosure of beneficial ownership and foreign ownership, control, or influence (FOCI). FOCI obligations and related beneficial ownership disclosures have historically applied primarily to government contractors and subcontractors holding a facility security clearance and performing cleared government contracts or subcontracts. DOD is now proposing to broaden these often confusing and complex rules. Below, PilieroMazza attorneys outline the Rule, its implications . . . Read More
Contract Claims 101: Common Theories, Part 4
Contractors working with federal agencies are governed by the Federal Acquisition Regulation (“FAR”), which has its own body of case law that controls recovery for legal disputes separate from traditional theories. When projects shift, delays mount, or directives change, the claims process becomes critical to protecting a contractor’s rights and entitlement to additional costs. This post provides a practical overview of common government contract claims, how they arise, and how to position your company for successful resolution. While every contract . . . Read More
Fixed-Price Contracts EO: What It Means for Government Contractors
On April 30, 2026, President Trump issued an Executive Order (EO) establishing that the default contracting method for federal agencies is fixed-price contracts with performance-based considerations; and, for certain large contracts, the EO adds a justification and approval requirement for any other contracting method. The EO is the Administration’s most recent effort to overhaul the federal contracting framework and came just two days before the year anniversary of the Federal Acquisition Regulation (FAR) Council’s first round of Revolutionary FAR Overhaul . . . Read More
Protesting an Award? What the Latest CICA Stay Decision Means for Government Contractors
The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently rejected the argument that a plaintiff challenging an agency’s override of an automatic stay of a contract—commonly referred to as the Competition in Contracting Act (CICA) stay—should be required to succeed under the four-factor test for preliminary injunctions. Life Science Logistics, LLC v. United States.1 The Federal Circuit panel agreed with the U.S. Court of Federal Claims (COFC) decision—that a bid protester seeking to challenge an agency’s override . . . Read More
GAO Decision Highlights the Power of Protests in Protecting Fair Competition
The Government Accountability Office’s (GAO) recent decision in Effective Communication Strategies, LLC, B-422289 (Mar. 18, 2025), offers an important reminder for federal contractors: when an agency repeatedly changes requirements and demands near-immediate proposal revisions, contractors are not required to race against the agency’s arbitrary clock. Agencies must provide a reasonable opportunity to respond. In this blog, we break down GAO’s decision and explain how a timely protest is often necessary to protect your competitive position when the agency’s requirements or . . . Read More
Widening Supply Chain Scrutiny: Latest on the Proposed Semiconductor Ban
More supply chain scrutiny is coming. Nearly two years ago, we blogged about an advanced notice of proposed rulemaking ( ANPR ) involving a potential proposed rule on covered semiconductors. The wait is finally over. In February, the Federal Acquisition Regulatory Council (FAR Council) released its proposed rule ( Proposed Rule ) identifying and explaining some potential changes coming to the Federal Acquisition Regulation (FAR). The impact on contractors in every industry will be expensive and time-consuming, especially for small businesses. Below, PilieroMazza highlights . . . Read More
New Department of Defense Policy Memo Imposes Sweeping Restrictions on Consulting, Management, Advisory Services, and Contractor Utilization
The Department of Defense (DoD) has issued a significant policy memorandum “to promote fiscal responsibility, streamline operations, and maximize [DoD] readiness and lethality.” The May 27 Memo, Implementation of Executive Order 14222 – Department of Government Efficiency Cost Efficiency Initiative Memorandum , identifies four distinct policies aimed at in-sourcing expertise, reducing reliance on external support, and harnessing the talent of existing DoD experts. This latest reform is consistent with the DoD’s ongoing efforts to phase out and eliminate reliance on consulting service contracts. Tightened Restrictions on Information Technology (IT) Consulting and Management Services The . . . Read More
Market Research Slimmed Down: How the FAR Part 10 Overhaul Impacts Government Contractors
The FAR Council’s “Revolutionary FAR Overhaul” has streamlined FAR Part 10, shifting from a prescriptive, statute-heavy approach to a leaner set of minimum requirements. While this promises faster procurements and greater agency flexibility, it also raises critical questions for small businesses and government contractors accustomed to predictable market-research triggers. In this blog, we break down what you need to know about the new FAR Part 10, which GSA has already adopted via a class deviation , effective May 22, 2025. Background FAR . . . Read More