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
On April 3, 2025, the Office of Management and Budget (OMB) issued two memoranda addressing the accelerated use and efficient acquisition of Artificial Intelligence (AI) by federal agencies: M-25-21 and M-25-22 . The memos implement Executive Order 14179, “Removing Barriers to American Leadership in Artificial Intelligence,” issued by President Trump on January 23, 2025. [1] This blog is the first in a two-part series discussing the first memo, M-25-21, which focuses on the use of AI by federal agencies, signaling a significant shift . . . Read More
In this Part 3 of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss tactics and best practices defense contractors should deploy when negotiating terms once selected for an OT award. This is essential guidance to strengthen your position and protect your interests throughout the contract’s lifecycle. Visit this link to access Parts 1 and 2 in this blog series. Flexibility = Negotiation As discussed in the previous blog, the flexibility of DOD’s OTA is key to achieving . . . Read More
In Part 1 of PilieroMazza’s blog series (linked here ), we looked at how Other Transactions Authority (OTA) has emerged as a key acquisition tool for government contractors eager to work with the Department of Defense (DOD). In Part 2, we’ll unpack what OTA is, who can participate in these agreements, and where to look for OTA-related opportunities. What is an “Other Transaction”? OT generally refers to the statutory authorities allowing the federal government to enter transactions other than a typical . . . Read More
PilieroMazza recently published a client alert regarding executive orders imposing additional tariffs on goods from Canada, Mexico, and China. Since then, the Trump administration has imposed a series of worldwide and targeted tariffs, which are likely to have a significant impact on supply chains and costs incurred by government contractors. This blog provides contractors with (1) an update on these tariffs and (2) advice on insulating your government contract from the cost and delay impacts. Tariffs on Steel, Aluminum, and Automobiles On . . . Read More
