SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations
In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of Secise, LLC, SBA No. SIZ-6337 (Feb. 19, 2025) clarified an important exception to the general rule for determining a firm’s size status. The ruling addressed the meaning of “offer” under the SBA’s 180-day rule, a key factor in determining whether a firm remains eligible for a small business set-aside contract following a merger, sale, or acquisition. The Case at a Glance Under SBA regulations, a firm’s size is generally determined . . . 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
GSA to Oversee Federal Purchasing: A Step Toward Efficiency or a Challenge for Agencies and Contractors?
On March 20, 2025, President Trump signed an executive order to consolidate federal procurement under the General Services Administration (GSA). Framed as an effort to eliminate waste and save taxpayer dollars, the order mandates that federal agencies shift their purchasing of common goods and services to the GSA. While this move is being touted as a step toward efficiency, the reality may be far more complex for government contractors. What Does the Executive Order Require? The order mandates several major changes to . . . Read More
Managing Litigation Risk During the Business Lifecycle, Part 1: Entity Formation and Organization
Starting and operating a business—whether a small business, startup, or government contractor—involves a myriad of risks, many of which can lead to costly and potentially damaging litigation. While these risks evolve over the life of a company, early-stage businesses, especially those in the process of entity formation and drafting corporate governance documents, are particularly vulnerable. In this first part of PilieroMazza’s blog series, “Managing Litigation Risk During the Business Lifecycle,” we explore how understanding these risks and taking proactive steps . . . Read More
CPARS Ratings: Subjective or Objective? ASBCA Weighs In
For government contractors, a Contractor Performance Assessment Reporting System (CPARS) rating can make or break future opportunities. But how objective are these ratings? A recent ruling [1] by the Armed Services Board of Contract Appeals (Board) sheds light on a crucial reality—CPARS ratings are not purely fact-based assessments; they’re the government’s opinion on contractor performance. The Case: A Battle Over CPARS Ratings St. Michael’s Inc. (SMI) challenged three CPARS ratings issued by the Defense Logistics Agency (DLA), arguing that the ratings . . . Read More
No More Minimum Wage Obligations Shifts Pricing Strategies for Service and Construction Contractors
On Friday, March 14, 2025, President Trump revoked Executive Order 14026, Increasing the Minimum Wage for Federal Contractors (EO). Government contractors in the service and construction sectors should evaluate how Trump’s decision to cancel the EO will impact their pricing strategies and outstanding price adjustment requests. Effective immediately, contractors are no longer bound by EO 14026’s minimum wage requirements. This means that most service and construction contractors may revert employee pay to the applicable wage determination rates under their contracts. . . . Read More
No More Free Passes? New Order Forces Plaintiffs to Pay for Injunctions Against the Federal Government
In a bold move to curb the growing number of lawsuits halting the implementation of recent executive policies, the Trump administration issued an executive order , “Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c),” aimed at making it more difficult for plaintiffs to obtain injunctions against the federal government. This order seeks to enforce a rule requiring plaintiffs to post a security equal to the government’s potential costs and damages if an injunction is later found to be unjustified. It . . . Read More
OCI Mitigation Plans: Proposed Rule Emphasizes Compliance and Increased Enforcement
PilieroMazza recently published a client alert regarding a Proposed Rule on Organizational Conflicts of Interest (OCI). On January 15, 2025, DoD, GSA, and NASA (collectively, the Government) issued a Proposed Rule (Proposed Rule) that significantly alters OCI are managed in federal contracting. One of the key changes of the Proposed Rule that should be highlighted is the incorporation of mitigation plans into the awarded contract. The Proposed Rule impacts offerors by enacting more stringent compliance requirements, and by incorporating the mitigation plan into the contract . . . Read More
March 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors
On top of the uncertainty introduced through the Trump administration’s shifting priorities and rapid-fire executive orders, government contractors are now confronted with an impending shutdown as the federal government is set to run out of funding on March 14. Although the House of Representatives passed a six-month continuing resolution that would keep funding at current levels through the rest of the fiscal year (i.e., September 30), it remains to be seen whether the Senate has the votes to pass the . . . Read More
10 FAQs: Navigating Legal Challenges for Government Contractors Impacted by President Trump’s Recent Executive Orders
Government contractors are facing a host of legal and compliance challenges following President Trump’s recent executive orders. These orders have prompted government-wide contract reviews, funding issues, increased scrutiny on foreign assistance agreements, and the mass issuance of stop work orders and terminations for convenience. If you are a government contractor, here are some key questions you should be asking to ensure your business is protected. If any of these FAQs apply to your business, consulting legal counsel promptly can help . . . Read More