Contracting Through the Long Haul: Maximizing Recovery During a Protracted Government Shutdown
As the federal government shutdown continues, contractors are left to grapple with growing uncertainty regarding whether certain costs are recoverable or whether certain work can be performed. Previous client alerts emphasized that maintaining open and consistent lines of communication with your contracting officers (CO) is critical. Although some COs may be furloughed and unavailable, it is imperative to establish a record of your decisions, and why you believe those decisions to be reasonable under the circumstances. This client alert: (1) . . . Read More
Long-Awaited Release of FAR Part 19: New Rule of Two and More
On September 26, 2025, the Federal Acquisition Regulatory Council released the much-anticipated rewrite of Federal Acquisition Regulation (FAR) Part 19, formerly titled Small Business Programs, as part of the broader Revolutionary FAR Overhaul initiative. To the pleasant surprise of many in the government contracting community, much of Part 19’s original content remains intact considering other more significant changes to other parts of the FAR. Still, several notable revisions—most prominently, retention of the Rule of Two—carry significant implications for small business . . . Read More
DOT Ends Race- and Sex-Based Presumptions of Disadvantage in DBE and ACDBE Programs
On September 30, 2025, the Department of Transportation (DOT) announced a major change to the eligibility criteria for its Disadvantaged Business Enterprise (DBE) and Airport Concessions DBE (ACDBE) Programs. Through an interim final rule (IFR) taking effect on October 3, 2025, DOT is removing the use of the race- and sex-based presumptions of social and economic disadvantage for establishing DBE and ACDBE eligibility. The IFR will have an immediate impact on all current DBE/ACDBE firms and future applicants as all firms will be required . . . Read More
The Shutdown Lowdown for Bid Protests
NOTE: On October 6, 2025, we revised the ODRA section of the original client alert based on new guidance from ODRA. Please see below. As federal contractors begin to grapple with the first government shutdown in several years, many are wondering how the shutdown will impact bid protests. This client alert provides the lowdown for how the shutdown will impact new and existing bid protests. Government Accountability Office (GAO) GAO is closed due to the lapse in appropriations. Based on . . . Read More
5 Actions Employers Should Address with Employees as the Government Shutdown Looms
At midnight September 30, the federal government will run out of funds and contractors will start receiving stop-work orders for all work deemed non-essential. At the time of publication, compromise in Congress looks unlikely, and a protracted shutdown likely. In order to minimize costly personnel missteps, federal government contractors should consider the action items listed below BEFORE the government shuts its doors. For more comprehensive information on considerations for government contractors during a shutdown, please read our client alert “ September 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors . . . Read More
September 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors
The federal government is set to run out of funding on September 30. While Congress is working on a continuing resolution to extend current funding levels and avert a government shutdown, it is currently being reported that the stopgap funding may be blocked unless the continuing resolution includes certain terms, such as extending expiring Affordable Care Act health insurance subsidies. As we approach the possibility of another government shutdown, it’s crucial for government contractors to be prepared for the potential . . . Read More
CMMC Is Here—What It Means for Defense Contractors
The Cybersecurity Maturity Model Certification ( CMMC ) Program is finally here. A final rule establishing the CMMC Program at Title 32 of the Code of Federal Regulations (CFR), Part 170 went live on December 16, 2024. Now, the Department of Defense (DOD) issued a final rule (Final Rule) codifying the CMMC Program in the Defense Federal Acquisition Regulation Supplement (DFARS). Contractors that process, store, or transmit Federal Contract Information (FCI) or Controlled Unclassified Information (CUI) need to understand what key changes were made in . . . Read More
A True Path to Making America Great: Supporting Small Businesses and the Rule of Two
Recently, there has been a good deal of speculation about whether the so-called “Rule of Two” will continue to exist after the Federal Acquisition Regulation (FAR) overhaul that is currently ongoing. Specifically, whether FAR Part 19 will continue to have such a rule, given it is not expressly stated in the Small Business Act (the Act) (but it is certainly intimated that such a rule is the best way to ensure that the statutory small business goals are met). However, . . . Read More
UPDATE: Let Your Voice be Heard: Congress Wants to Hear from Small Business Government Contractors
The House Small Business Subcommittee on Contracting and Infrastructure hearing titled “Leveling the Playing Field: Fostering Opportunities for Small Business Contractors,” originally scheduled for July 8 to address key issues impacting small business government contractors, was postponed. A new date has not been confirmed. It is anticipated that the hearing may be rescheduled for some time in September. Please visit this link for our original client alert. In the meantime, PilieroMazza encourages stakeholders to still submit letters. Sharing your experiences now will . . . Read More
2025 Newly Increased Health and Welfare Rates on SCA Government Contracts
The Department of Labor’s (DOL) Wage and Hour Division (WHD) has again issued new Service Contract Act (SCA) health and welfare (H&W) rates. Effective July 7, 2025, WHD increased the prevailing H&W fringe benefits from a rate of $5.36 per hour to $5.55 per hour. Where a contractor is obligated to comply with Executive Order (EO) 13706 sick leave obligations, the rates increased from $4.93 per hour to $5.09 per hour. Updated rates of $2.42 per hour (without the EO) . . . Read More