On May 19, 2025, the Department of Justice (DOJ) issued a memorandum launching a new enforcement program known as the Civil Rights Fraud Initiative (the Initiative). Furthering the Trump Administration’s direct targeting of diversity, equity, and inclusion ((DEI) policies and alleged antisemitism among corporations and institutions receiving government funds, the Initiative will utilize the False Claims Act (FCA) to “investigate and . . . pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” As part of the Initiative, . . . Read More
The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a previous Client Alert by Sam Finnerty, the Federal Acquisition Regulation (FAR) has not been exempt from these initiatives. On May 6, 2025, the FAR Council issued its first formal deregulation measure, signaling that any regulations not explicitly codified by statute may be subject to removal from the FAR and the Small Business Administration’s (SBA) regulations. As a result, the “Rule of . . . Read More
Government contractors regularly handle sensitive federal data, and cybersecurity compliance is no longer optional—it’s mandatory. A recent settlement between the Department of Justice (DOJ) and defense contractor Raytheon Company (Raytheon) highlights the critical importance of strict adherence to federal cybersecurity standards and the severe consequences of falling short. DOD contractors that neglect compliance or inaccurately represent their cybersecurity posture may find themselves facing costly False Claims Act (FCA) litigation. The Raytheon Settlement: Key Facts and Allegations On April 4, 2025, . . . Read More
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
The FAR Council’s “Revolutionary FAR Overhaul” has streamlined FAR Part 10, shifting from a prescriptive, statute-heavy approach to a leaner set of minimum requirements. While this promises faster procurements and greater agency flexibility, it also raises critical questions for small businesses and government contractors accustomed to predictable market-research triggers. In this blog, we break down what you need to know about the new FAR Part 10, which GSA has already adopted via a class deviation , effective May 22, 2025. Background FAR . . . 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
Click here to view the recorded session. Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract but also future outcomes and the broader award process. Recent protest decisions have ramifications that affect aspects like submission deadlines and the burden of proof for protesters. These decisions and recent executive orders also illustrate important considerations for government contractors, clarifying key regulations and highlighting potential trends. Join Katie Burrows and Eric Valle , attorneys in PilieroMazza’sBid Protests . . . Read More
