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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. |
PilieroMazza’s Managing Partner Tony Franco Receives 2025 Chairman’s Award from Montgomery County Chamber of Commerce, PilieroMazza News, Antonio R. Franco
PilieroMazza is pleased to announce that the Firm’s Managing Partner, Tony Franco, is the recipient of the 2025 Chairman’s Award, a prestigious honor presented by the Montgomery County Chamber of Commerce. The Chairman’s Award recognizes an individual whose leadership, service, and dedication have made a lasting impact on the Montgomery County business community. This distinction celebrates Tony’s contributions to advancing the Chamber’s mission of fostering a robust, inclusive, and forward-looking economic environment. Read more here.
Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In, PilieroMazza Blog, Samuel S. Finnerty, Daniel Figuenick, III
Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the CPAR System (CPARS) can mean the difference between winning a new contract or losing to a competitor—regardless of price or technical merit. Therefore, when agencies issue a negative CPAR that seems unfair or unfounded, contractors understandably seek more than just the opportunity to respond—they want recourse. A recent decision from the Armed Services Board of Contract Appeals (ASBCA) offers insight into what that recourse might look like—and where its limits lie. Read more here.
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2, PilieroMazza Blog, Lauren Brier, Josie Farinelli, Kelly A. Kirchgasser
This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an appeal. The choices federal contractors make along the way have a tremendous impact on their chances of successful litigation before the BCA. In this installment of our four-part series, PilieroMazza’s GovCon attorneys walk through a typical CDA dispute and identify three top tips every government contractor needs to know. Read more here.
Federal Acquisition Regulation (FAR) Model Deviation Text for FAR Part 11
On June 18, the FAR Council released the model deviation text for FAR Part 11, Describing Agency Needs. FAR Part 11’s deviation was revised to improve clarity, focus on commercial standards, and not limit competition. The General Services Administration’s (GSA) memorandum and class deviation fully incorporating the same into all GSA procurements is available here. Informal feedback is due August 4, 2025.
Federal Acquisition Regulation (FAR) Overhaul Adoption:
- Department of Housing and Urban Development (HUD) Memoranda:
- Class Deviation (CD) from FAR Part 1 Regarding Executive Order (EO) 14275 on Restoring Common Sense to Federal Procurement. On June 16, HUD issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 1. This CD is effective immediately and applies to all HUD procurements. Read more here.
- CD from FAR Part 34 Regarding EO 14275 on Restoring Common Sense to Federal Procurement. On June 16, HUD issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 34. This CD is effective immediately and applies to all HUD procurements. Read more here.
- Department of Justice (DOJ) Memoranda:
- CD from the FAR Part 1 in Support of EO 14275 on Restoring Common Sense to Federal Procurement. On June 11, DOJ issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 1. This CD is effective immediately and applies to all DOJ procurements. Read more here.
- CD from the FAR Part 34 in Support of EO 14275 on Restoring Common Sense to Federal Procurement. On June 11, DOJ issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 34. This CD is effective immediately and applies to all DOJ procurements. Read more here.
- Department of Commerce (DOC) Memoranda:
- FAR CD for FAR Part 10 in Support of EO on Restoring Common Sense to Federal Procurement. On May 28, DOC issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 10. This CD is effective immediately. Read more here.
- FAR CD for FAR Part 18 in Support of EO on Restoring Common Sense to Federal Procurement. On June 17, DOC issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 18. This CD is effective immediately. Read more here.
- FAR CD for FAR Part 39 in Support of EO on Restoring Common Sense to Federal Procurement. On June 17, DOC issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 39. This CD is effective immediately. Read more here.
- FAR CD for FAR Part 43 in Support of EO on Restoring Common Sense to Federal Procurement. On June 17, DOC issued a CD fully implementing and incorporating the FAR Model Deviation for FAR Part 43. This CD is effective immediately. Read more here.
Federal Judge Deems Trump Administration’s Termination of NIH Grants Illegal, Government Executive
In a ruling issued Monday, the judge called the government’s directives “arbitrary and capricious” and ordered funding for some of the NIH grants, including many profiled by ProPublica in recent months, to be restored. Read more here.
Upcoming Government Contract Presentations
WEBINAR: SBA’s 2025 Rule Updates to Small Business Programs, and Key Small Business Impacts, July 10, 2025, Isaias “Cy” Alba, IV
WEBINAR: GovCon 101: Small Business Programs, July 10, 2025, Meghan F. Leemon, Josie Farinelli
CONFERENCE: The Ins and Outs of the New Recertifications Rule for Government Contractors, July 24, 2025, Samuel S. Finnerty
CONFERENCE: Latest Developments at SBA’s Office of Hearings and Appeals, July 24, 2025, Meghan F. Leemon
PM WEBINAR: The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know, July 30, 2025 / 2:00 pm ET
TRAINING: Navigating the FAR/DFARS: The Most Confusing and Little-Known Clauses, August 13, 2025, Eric Valle, Kristine “Krissy” Crallé
FALSE CLAIMS ACT / REAs, CLAIMS, AND APPEALS
Upcoming False Claims Act Presentations
PM WEBINAR: DOJ Uses FCA to Target DEI Policies and Antisemitism: The Impact on Government Contractors, July 10, 2025, Matthew E. Feinberg, Sarah L. Nash
Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid, PilieroMazza News, Jessica A. duHoffmann, Jonathan “Jon” R. Neri
In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and understand pay-if-paid and pay-when-paid clauses—a critical first step in identifying financial risk—the analysis should not stop there. To protect the rights of both the prime contractor and subcontractor, proper management of financial risk also requires knowledge of applicable state laws and the circumstances affecting the enforceability of such clauses under a given subcontract. Read more here.
Upcoming Construction Presentations
WEBINAR: How Do I Get Paid When They Stop Paying? Strategies for Construction Contractors, August 1, 2025, Jessica A. duHoffmann, Tracey L. Pruiett
Small Business Administration (SBA) News Release: SBA Reinstates Rule to Return Federal Contractors to Work
On June 17, SBA announced that it would be reinstating a rule to require government contractors to return to work. Effective October 1, participants in SBA’s 8(a) Business Development Program will once again be required to have a physical office within the geographic area in which they are bidding on federal construction contracts. The temporary COVID-era suspension of this rule ends September 30. Read more here.
Office of Personnel Management (OPM) Memorandum: Performance Management for Federal Employees
On June 17, OPM issued a memorandum implementing President Trump’s Executive Orders intended to improve performance in the federal workforce. OPM provides guidance for and defines what each performance rating means, increases employee accountability to their supervisors, contents of performance improvement plans, and elements of performance standards. Read more here.
Senate Reconciliation Bill Would Give Trump ‘Carte Blanche’ To Reorganize Agencies, Lay Off Feds, Government Executive
A provision added to the Senate iteration of Republicans’ proposed budget reconciliation package would give the White House $100 million to reorganize federal agencies as President Trump sees fit, without congressional input in what critics decried as an “abrogation” of Congress’ power and responsibility. Read more here.
Upcoming Labor & Employment Presentations
PM WEBINAR: Multijurisdictional Employers, Part 2: 2025 State-by-State Updates on Non-Compete and Non-Solicitation Agreements, July 1, 2025, Sarah L. Nash, Zachary S. Stinson
CONFERENCE: New Employment Issues in Government Contracting, July 24, 2025, Nichole D. Atallah, Sarah L. Nash
PM WEBINAR: Multijurisdictional Employers, Part 3: Best Practices for Paid Sick Leave and Family Leave, August 7, 2025, Nichole D. Atallah, Sara N. Strosser