Update on the DBE Interim Final Rule: DOT Issues Key Guidance for DBE Program Stakeholders
As PilieroMazza previously reported , via an interim final rule (IFR) effective October 3, 2025, the U.S. Department of Transportation (DOT) removed the use of race- and sex-based presumptions of social and economic disadvantage for establishing eligibility for its Disadvantaged Business Enterprise (DBE) and Airport Concessions DBE (ACDBE) Programs. [1] Given the lack of clarity with various aspects of the IFR, there is significant confusion among DBE Program stakeholders in terms of how the IFR is to be carried out. On October . . . Read More
Why Business Leaders Should Speak Out During the Shutdown
On October 1, 2025, Congress failed to pass an appropriations bill to keep the federal government open. Three weeks have passed, and there is still no clear path forward. With each passing day, Republicans and Democrats alike become further entrenched in their positions, convinced that their cause is just. As a result, hardworking Americans, their families, and their businesses suffer. Government representatives who contend that holding out for an uncompromising win will be beneficial in the long run fail to . . . Read More
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