The Department of Defense (DoD) has issued a significant policy memorandum “to promote fiscal responsibility, streamline operations, and maximize [DoD] readiness and lethality.” The May 27 Memo, Implementation of Executive Order 14222 – Department of Government Efficiency Cost Efficiency Initiative Memorandum , identifies four distinct policies aimed at in-sourcing expertise, reducing reliance on external support, and harnessing the talent of existing DoD experts. This latest reform is consistent with the DoD’s ongoing efforts to phase out and eliminate reliance on consulting service contracts. Tightened Restrictions on Information Technology (IT) Consulting and Management Services The . . . Read More
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 Washington Post has reported that the Trump administration has moved to dismantle one of the federal government’s largest and longest-standing affirmative action programs, siding with two businesses that challenged its constitutionality. In a motion filed in the U.S. District Court for the Eastern District of Kentucky, the Justice Department said that a Transportation Department program that has carved out an estimated $37 billion for minority- and women-owned businesses violates the equal protection clause of the Constitution. If a judge . . . Read More
Government contracting is an inherently competitive enterprise. As a result, contractors often seek to hire former government employees with contract experience. However, the Procurement Integrity Act (PIA) and the U.S. Criminal Code (Criminal Code) restrict the activities of a former government employee when acting on behalf of a new employer. Failure to comply with these laws can result in civil and criminal penalties for employees and employers alike. In this blog, we discuss restrictions these laws impose, who bears the . . . Read More
In this final blog of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss DOD’s authority to award OTs to consortia and how joining a consortium may be an ideal way to “get your feet wet” if you’re a small business, non-traditional government contractor, or otherwise new to OTA. Visit this link to access Parts 1-3 in this blog series. What is a Consortium? In the context of a DOD OT, a consortium is a relationship between a . . . Read More
Transparency into major system acquisitions by federal agencies could be a casualty of cuts to procurement regulations proposed by the agency council that coordinates how the government buys goods and services. Suggested deletions from the Federal Acquisition Regulation (FAR) will make executive branch agencies more vulnerable to financial and litigation risk when purchasing goods and services from the private sector[. . .]. . . . The overhaul would strip out key references to policies and procedures detailing the use of . . . Read More
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
In Part 2 of this series, we look at OMB Memorandum M-25-22 , which addresses the procurement of AI by federal agencies. As noted in Part 1 , the memos implement Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence,” issued by President Trump on January 23, 2025, and rescinds and replaces prior OMB memos issued by President Biden’s administration addressing the same. Like M-25-21, M-25-22 marks a significant shift in how federal agencies acquire and integrate AI—highlighting what government contractors, . . . Read More
In a decisive move to stay ahead in an era of rapidly evolving digital threats, the Department of Defense (DOD) is accelerating its push for software modernization. The upcoming launch of the Software Fast Track (SWIFT) Program on May 1 marks a major step in the DOD’s efforts to streamline software deployment by addressing long-standing bottlenecks in the software authorization process. For defense contractors, SWIFT presents an opportunity to deliver mission-critical software to the DOD more rapidly, ensuring it reaches . . . Read More
