Ending Discrimination in Government Contracting Act Proposes to Eliminate Preferences for 8(a) and WOSB Firms
On April 27, 2026, Senator Mike Lee (R-UT) and Congressman Glenn Grothman (R-WI) introduced companion bills called “Ending Discrimination in Government Contracting Act.” The bills (H.R. 8511) and (S. 4390) seek to eliminate federal contracting preferences for “socially and economically disadvantaged individuals” and “small business concerns owned and controlled by women,” essentially gutting the statutory bases for the Small Business Administration’s Woman-Owned Small Business (WOSB) and 8(a) Business Development Program (the 8(a) Program). Following President Trump’s March 26, 2026, Executive . . . Read More
The Shifting Landscape for Foreign Ownership, Control, or Influence, Part 1: Understanding the Proposed Rule
The Department of Defense (DOD) recently released a Proposed Rule ( Rule ) that would expand federal contractors’ and subcontractors’ obligations regarding disclosure of beneficial ownership and foreign ownership, control, or influence (FOCI). FOCI obligations and related beneficial ownership disclosures have historically applied primarily to government contractors and subcontractors holding a facility security clearance and performing cleared government contracts or subcontracts. DOD is now proposing to broaden these often confusing and complex rules. Below, PilieroMazza attorneys outline the Rule, its implications . . . Read More
House Committee to Consider Legislation Codifying the Rule of Two for Small Business Set-Asides
On Wednesday, May 20, the House Committee on Small Business is scheduled to consider legislation that would codify the Rule of Two into federal law. Stakeholders have a near-term opportunity to show support by filling out this form to sign onto an industry letter urging the Committee to advance H.R. 2804, the Protecting Small Business Competitions Act of 2025, ahead of the Full Committee Markup. Background on the Rule of Two For decades, the Rule of Two has been a cornerstone of the . . . Read More
Contract Claims 101: Common Theories, Part 4
Contractors working with federal agencies are governed by the Federal Acquisition Regulation (“FAR”), which has its own body of case law that controls recovery for legal disputes separate from traditional theories. When projects shift, delays mount, or directives change, the claims process becomes critical to protecting a contractor’s rights and entitlement to additional costs. This post provides a practical overview of common government contract claims, how they arise, and how to position your company for successful resolution. While every contract . . . Read More
Fixed-Price Contracts EO: What It Means for Government Contractors
On April 30, 2026, President Trump issued an Executive Order (EO) establishing that the default contracting method for federal agencies is fixed-price contracts with performance-based considerations; and, for certain large contracts, the EO adds a justification and approval requirement for any other contracting method. The EO is the Administration’s most recent effort to overhaul the federal contracting framework and came just two days before the year anniversary of the Federal Acquisition Regulation (FAR) Council’s first round of Revolutionary FAR Overhaul . . . Read More
Protesting an Award? What the Latest CICA Stay Decision Means for Government Contractors
The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently rejected the argument that a plaintiff challenging an agency’s override of an automatic stay of a contract—commonly referred to as the Competition in Contracting Act (CICA) stay—should be required to succeed under the four-factor test for preliminary injunctions. Life Science Logistics, LLC v. United States.1 The Federal Circuit panel agreed with the U.S. Court of Federal Claims (COFC) decision—that a bid protester seeking to challenge an agency’s override . . . Read More
GAO Decision Highlights the Power of Protests in Protecting Fair Competition
The Government Accountability Office’s (GAO) recent decision in Effective Communication Strategies, LLC, B-422289 (Mar. 18, 2025), offers an important reminder for federal contractors: when an agency repeatedly changes requirements and demands near-immediate proposal revisions, contractors are not required to race against the agency’s arbitrary clock. Agencies must provide a reasonable opportunity to respond. In this blog, we break down GAO’s decision and explain how a timely protest is often necessary to protect your competitive position when the agency’s requirements or . . . Read More
Widening Supply Chain Scrutiny: Latest on the Proposed Semiconductor Ban
More supply chain scrutiny is coming. Nearly two years ago, we blogged about an advanced notice of proposed rulemaking ( ANPR ) involving a potential proposed rule on covered semiconductors. The wait is finally over. In February, the Federal Acquisition Regulatory Council (FAR Council) released its proposed rule ( Proposed Rule ) identifying and explaining some potential changes coming to the Federal Acquisition Regulation (FAR). The impact on contractors in every industry will be expensive and time-consuming, especially for small businesses. Below, PilieroMazza highlights . . . Read More
DOL $596K Recovery, 3-Year Debarment Highlights Davis-Bacon Compliance Risks for Construction Contractors
An investigation by the Department of Labor Wage and Hour Division (DOL WHD) recently found that J. Solano HVAC LLC (the Company), a subcontractor on two Washington, D.C. affordable housing projects, willfully violated the DBA (Davis-Bacon Act) multiple times when it: (1) failed to pay workers the prevailing wage and (2) misclassified skilled sheet metal workers and pipefitter mechanics as lower-skilled laborers, thereby underpaying required wages and fringe benefits. DOL action shows that willful violations of the DBA risk more . . . Read More
The Trust Trap: How Minor Mistakes with Spoofed Emails Can Lead to Major Losses
GovCon Co., a successful government contractor, receives an email from the billing or accounting representative of a trusted subcontractor, Service Corporation, asking for payment of an outstanding invoice for $400,000, stating: “Please note our new bank account information in your system for any current and future wire transfers.” The email includes the Service Corporation logo and the name of the company representative with whom GovCon Co. normally deals. Everything seems to be in line with typical practices. However, the accounts . . . Read More