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
Managing Litigation Risk During the Business Lifecycle, Part 3: Derivative Actions
While litigation risk is an unavoidable aspect of running a business, business owners can limit such risks with early planning. In this third installment of PilieroMazza’s blog series, “Managing Litigation Risk During the Business Lifecycle,” we explore the impacts of derivative actions and the proactive steps that business owners can take to avoid them. Visit this link to access Part 1 in this blog series (Entity Formation and Organization) and this link to access Part 2 (Business Acquisition and Post-Closing Disputes). What . . . Read More
You’re Hired! Restrictions on Hiring Former Government Employees for Government Contractors
Government contracting is an inherently competitive enterprise. As a result, contractors often seek to hire former government employees with contract experience. However, the Procurement Integrity Act (PIA) and the U.S. Criminal Code (Criminal Code) restrict the activities of a former government employee when acting on behalf of a new employer. Failure to comply with these laws can result in civil and criminal penalties for employees and employers alike. In this blog, we discuss restrictions these laws impose, who bears the . . . Read More
The Rise of OTA in Defense Contracting, Part 4: Capitalizing on Consortia
In this final blog of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss DOD’s authority to award OTs to consortia and how joining a consortium may be an ideal way to “get your feet wet” if you’re a small business, non-traditional government contractor, or otherwise new to OTA. Visit this link to access Parts 1-3 in this blog series. What is a Consortium? In the context of a DOD OT, a consortium is a relationship between a . . . Read More
OMB Issues Memoranda on Use and Acquisition of AI by Federal Agencies, Part 2: What It Means for Government Contractors
In Part 2 of this series, we look at OMB Memorandum M-25-22 , which addresses the procurement of AI by federal agencies. As noted in Part 1 , the memos implement Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence,” issued by President Trump on January 23, 2025, and rescinds and replaces prior OMB memos issued by President Biden’s administration addressing the same. Like M-25-21, M-25-22 marks a significant shift in how federal agencies acquire and integrate AI—highlighting what government contractors, . . . Read More
SWIFT to Launch May 1: DOD Fast Tracks Software Deployment Opening New Doors for Defense Contractors
In a decisive move to stay ahead in an era of rapidly evolving digital threats, the Department of Defense (DOD) is accelerating its push for software modernization. The upcoming launch of the Software Fast Track (SWIFT) Program on May 1 marks a major step in the DOD’s efforts to streamline software deployment by addressing long-standing bottlenecks in the software authorization process. For defense contractors, SWIFT presents an opportunity to deliver mission-critical software to the DOD more rapidly, ensuring it reaches . . . Read More
OMB Issues Memoranda on Use and Acquisition of AI by Federal Agencies, Part 1: What It Means for Government Contractors
On April 3, 2025, the Office of Management and Budget (OMB) issued two memoranda addressing the accelerated use and efficient acquisition of Artificial Intelligence (AI) by federal agencies: M-25-21 and M-25-22 . The memos implement Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence,” issued by President Trump on January 23, 2025. [1] This blog is the first in a two-part series discussing the first memo, M-25-21, which focuses on the use of AI by federal agencies, signaling a significant shift . . . Read More
The Rise of OTA in Defense Contracting, Part 3: Best Practices for OTA Negotiations
In this Part 3 of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss tactics and best practices defense contractors should deploy when negotiating terms once selected for an OT award. This is essential guidance to strengthen your position and protect your interests throughout the contract’s lifecycle. Visit this link to access Parts 1 and 2 in this blog series. Flexibility = Negotiation As discussed in the previous blog, the flexibility of DOD’s OTA is key to achieving . . . Read More
Managing Litigation Risk During the Business Lifecycle, Part 2: Business Acquisition and Post-Closing Disputes
There’s a tongue-in-cheek joke within the legal industry that transactional lawyers create the problems, and the litigators get paid to clean them up. It’s a cautionary reminder to transactional lawyers: if the dealmaking process is not precise (or well-documented), then the risk of post-closing litigation is increased. In this second installment of PilieroMazza’s blog series, “Managing Litigation Risk During the Business Lifecycle,” we explore how a company acquiring another company can minimize litigation risk by taking a methodical and thoughtful . . . Read More