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
SBA Orders Full-Scale Audit of 8(a) Program: What You Should Do to Prepare
The U.S. Small Business Administration (SBA) recently announced an “immediate and full-scale audit” of its 8(a) business development program. The announcement stems from a “years-long fraud and bribery scheme involving a former federal contracting officer and two 8(a) contractors,” as detailed in a Department of Justice (DOJ) press release . This scheme involving two 8(a) contractors appears to be isolated to a few bad actors rather than broader issues with the social and economic disadvantage requirements of the 8(a) program. Nevertheless, SBA is . . . Read More
Let Your Voice be Heard: Congress Wants to Hear from Small Business Government Contractors
On July 8, 2025, the House Small Business Subcommittee on Contracting and Infrastructure (Subcommittee) will hold a hearing titled “Leveling the Playing Field: Fostering Opportunities for Small Business Contractors.” The Montgomery County Chamber of Commerce (MCCC) is coordinating the submission of letters of support to ensure small business voices are heard by the Subcommittee. Why Your Letter Matters—and How to Submit It Letters of support will be accepted through Tuesday, July 15. This is a crucial opportunity for small business . . . Read More
Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination
The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a previous Client Alert by Sam Finnerty, the Federal Acquisition Regulation (FAR) has not been exempt from these initiatives. On May 6, 2025, the FAR Council issued its first formal deregulation measure, signaling that any regulations not explicitly codified by statute may be subject to removal from the FAR and the Small Business Administration’s (SBA) regulations. As a result, the “Rule of . . . Read More
DBE Program in Peril: Recent Legal Challenges and What They Mean for Women- and Minority-Owned Contractors
Recent legal challenges jeopardize the future of the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program, a long-standing initiative designed to support minority- and women-owned businesses in federally funded state and local transportation infrastructure projects. In litigation against the DOT filed in October 2023, two non-DBE firms challenged the constitutionality of the program’s use of race- and sex-based presumptions of social and economic disadvantage to determine DBE eligibility. In the latest setback for the program, on May 28, 2025, . . . Read More
The Revolutionary FAR Overhaul: What Government Contractors Need to Know
On May 6, 2025, the Federal Acquisition Regulatory Council (FAR Council) published draft revisions to the Federal Acquisition Regulation (FAR) as part of a sweeping, phased update known as the Revolutionary FAR Overhaul (RFO). The initial draft revisions—covering FAR Parts 1, 34, and 52—are now open for public comment through September 30, 2025, at 12:00 PM EST. However, in a major break from traditional practice, federal agencies are being directed to begin immediate adoption of the draft text through FAR deviations. This . . . Read More
Corporate Transparency Act, Part 10: Interim Final Rule, U.S. Companies and U.S. Persons Exempt From Reporting
On March 26, 2025, FinCEN issued an interim final rule and request for comments, removing the requirement under the Corporate Transparency Act (CTA) for both U.S. companies and U.S. persons to report beneficial ownership information to FinCEN. The rule is effective March 26, 2025. Thus, subject to additional rule changes, U.S. companies and U.S. individuals no longer have to file an initial Beneficial Ownership Information Report (BOIR) or otherwise update or correct a previously filed BOIR. Please visit this link to access Parts 1-9 . . . Read More
President Trump’s DEI Executive Orders Are Back On: What Contractors Need To Know
On March 14, the Fourth Circuit stayed a preliminary injunction that had prohibited President Trump’s administration and federal agencies from implementing Executive Orders 14151 and 14173 (“DEI Executive Orders”). This means the Trump administration can proceed with implementing the DEI Executive Orders pending ongoing litigation. In this blog, we discuss what federal contractors should take away from the Fourth Circuit’s order. Executive Orders 14173 and 14151 are the primary mechanisms President Trump has used to wind down certain Diversity, Equity, . . . Read More