Navigating the DOW 8(a)/Set-Aside Audit and Termination Threat
On January 16, 2026, Secretary Hegseth announced in a video posted on X that the DOW would undertake an audit of all 8(a) sole-source awards over $20 Million to redirect defense spending to programs that enhance lethality while curbing fraud, waste, and abuse. Since that announcement, a DOW memorandum was made public revealing the scope is broader than anticipated. Rather than just 8(a) sole-source awards, DOW is auditing any active 8(a) sole-source contract, 8(a) set-aside contract, or small business set-aside contract over $20 Million. . . . Read More
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
PilieroMazza’s Ryan Boonstra Receives SAME Philadelphia Young Professional Award and 5-Year Membership Recognition
PilieroMazza is proud to announce that Ryan Boonstra (pictured on the left) received the Young Professional Award from the Society of American Military Engineers (SAME) Philadelphia Post in recognition of his leadership and service as the Post’s Fundraising Committee Chair. In addition to this recognition, Ryan will also receive a 5-Year Membership Award, marking his continued involvement and dedication to SAME and the A/E/C community. Jackie Unger , Chair of the Firm’s Government Contracts Group , where Ryan supports the legal needs of government contractors, said: “Ryan’s service . . . 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
Weekly Update for Government Contractors and Commercial Businesses – February 19, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com . _____________________________________________ GOVERNMENT CONTRACTS DHS Shutdown Talks Hit a Wall as GOP Fumes, The Hill Discussions between the White House and Democratic leaders on funding the Department of Homeland Security (DHS) have hit a wall as administration officials publicly slammed the minority party for refusing to make concessions. Read more here . SBA Strikes Again: New 8(a) Program Suspensions . . . Read More