Is Your Government Settlement Really Final? The Pratt & Whitney Decision Raises Doubts
In 1984, Steve Jobs introduced the Macintosh personal computer to the United States, Arnold Schwarzenegger hit the silver screen as The Terminator, and Pratt & Whitney began its now four-decade-long fight with the Defense Contract Management Agency (DCMA). The battle continues, as the Federal Circuit’s latest decision in what may be the longest-enduring cost‑accounting dispute in the history of government contracts—Secretary of Defense v. Pratt & Whitney, 160 F.4th 1224 (Fed. Cir. 2025)—still has not resolved the underlying Cost Accounting . . . Read More
SCOTUS Limits Presidential Tariff Powers: Key Takeaways for Government Contractors
On February 20, 2026, the Supreme Court of the United States (SCOTUS or the Court) issued a major decision in Learning Resources, Inc. v. Trump limiting the Trump Administration’s ability to impose tariffs under the International Emergency Economic Powers Act (IEEPA). The decision narrows the executive’s emergency economic powers and reinforces congressional control over tariffs. This ruling carries significant implications for government contractors who have spent the past year navigating rapidly shifting tariff regimes. Below, we break down the Court’s . . . Read More
Sending Out An SOS for the LOS
The limitations on subcontracting, or LOS, is a fundamental requirement of set-aside contracting. Historically, however, the LOS has not received as much attention as other set-aside compliance obligations that are more regularly the focus of audits, enforcement actions, and protests. But that changed with recent high-profile audits by the Small Business Administration (SBA) and Department of War (DOW) that are putting a spotlight on LOS compliance. In particular, a DOW memorandum issued in January 2026 shows it is investigating LOS compliance . . . Read More
DOD Releases Intellectual Property Guidebook: Key Insights for Defense Contractors, Part 4
In May 2025, the Department of Defense (DOD) released its Intellectual Property Guidebook (Guidebook), providing contractors with invaluable insights into how DOD handles Intellectual Property (IP) and data rights in government contracts. In this final installment of PilieroMazza’s blog series, we dive into data rights assertions, data rights marking requirements, and data rights disputes and challenges. Visit this link to access Parts 1-3 in this series. Data Rights Assertions and Marking Requirements . . . Read More
Administrative False Claims Act—Another Tool in the Government’s Enforcement Arsenal
A recent announcement by the Civilian Board of Contract Appeals (CBCA) garnered attention for the Administrative False Claims Act (AFCA), which was previously named the Program Fraud Civil Remedies Act of 1986. The AFCA was enacted in December 2024, and many agencies are slowly implementing and addressing its procedures through rulemaking, including the U.S. Nuclear Regulatory Commission, the U.S. Postal Service, the Federal Labor Relations Authority, the Railroad Retirement Board—and of relevance here and most recently—the CBCA. The CBCA’s changes . . . Read More
What You Don’t Know Can Hurt You: Recent Federal Circuit Argument Highlights Why Intervening in Bid Protests is Critical
Contractors spend months, if not years, preparing a bid on a single federal contract. So, when the investment pays off and you win the contract, it is a punch to the gut to see a competitor protest your award. Awardees all too often assume the procuring agency and/or the Department of Justice (DOJ) will adequately defend the procurement. Awardees don’t just take the punch, but they get in the ring and punch back as an intervenor in the protest. For . . . Read More
SVOG Alert: SBA Demands Supplemental Documents from Grant Recipients Who Appealed SBA’s Decision to Rescind Their SVOG Grants
In July 2025, we wrote that the Small Business Administration (SBA) had begun issuing letters to recipients of grant funds under the $16.25 Billion COVID-era Shuttered Venue Operators Grant (SVOG) program, rescinding grant recipients’ eligibility for the program and demanding full or partial repayment of the grants years after award. SBA gave grantees 30 days to file an appeal. SBA continued issuing rescission letters to grantees through at least October 2025, including to grantees whose SVOG awards had been fully closed . . . Read More
Warfighting at Warp Speed, Part 4: DFARS Overhaul
In November 2025, the Department of War (DOW) announced its blueprint for its Acquisition Overhaul, and savvy defense contractors took note of DOW’s plan to realign its processes with its goals— namely, accountability, speed, and industry investment . In concert with the broader Revolutionary FAR Overhaul (RFO), DOW is now implementing a sweeping rewrite of the Defense Federal Acquisition Regulation Supplement (DFARS). In this blog, we provide an overview of how the DFARS rollout will occur and some key insights on a few of the class . . . Read More
SBA Strikes Again: New 8(a) Program Suspensions Related to Economic Disadvantage Criteria
On February 11, 2026, the U.S. Small Business Administration issued a press release announcing that it was initiating termination proceedings and suspending over 150 Washington, D.C.-based 8(a) firms for allegedly failing to meet “economic disadvantage” eligibility criteria for the 8(a) Program. This is a bold move as traditionally proposed terminations are not also coupled with suspensions. And while the press release asserts that these firms “exceeded statutory net worth limits, adjusted gross income caps, or total asset limits,” the notice . . . Read More
DOL’s Got Opinions—Lots of Them: Important FLSA and FMLA Guidance for Employers
On January 5, 2026, the DOL’s Wage and Hour Division (WHD) issued six new opinion letters related to various topics under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Below, PilieroMazza provides a brief overview of the three most relevant opinion letters, along with key takeaways for employers. For a full list of all of the opinion letters issued by DOL to date, please visit the DOL’s website . A. FLSA2026-1: Learned Professional Exemption and Employer Discretion . . . Read More