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Upcoming Events: Register to attend PilieroMazza’s upcoming events here. Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here. Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here, Clocking in with PilieroMazza here, and Ex Rel. Radio here. |
2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors, PilieroMazza Webinar Replay, Katherine B. Burrows, Eric Valle
Join Katie Burrows and Eric Valle, attorneys in PilieroMazza’s Bid Protests and Government Contracts practice groups, as they discuss protest decisions that will shape the bid protest landscape going forward. Click here to access the webinar replay.
The Rise of OTA in Defense Contracting, Part 4: Capitalizing on Consortia, PilieroMazza Blog, Isaias “Cy” Alba, IV, Josie Farinelli
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. Read more here.
Acquisition.gov Has Released a New FAR Overhaul Website
Under the President’s Executive Order, Restoring Common Sense to Federal Procurement, the Federal government is undertaking the first-ever comprehensive overhaul of the FAR. Led by the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council), this initiative will return the FAR to its statutory roots, rewritten in plain language, and remove most non-statutory rules. In addition, non-regulatory buying guides will provide practical strategies grounded in common sense while remaining outside the FAR. The FAR Council is issuing model deviation guidance to kickstart FAR streamlining. The guidance, which will be released on a rolling basis by FAR part, will be adopted by agencies until the FAR is formally revised through rulemaking. As the FAR is streamlined, helpful non-regulatory content will be moved to new Buying Guides, designed to support smarter and faster acquisitions. Updates will be included in future Daily Reports. Read more here.
Eligibility of PPP Loans Exceeding Maximum Size Standards, Oversight.gov
The Office of Inspector General (OIG) is issuing this Evaluation Report to determine whether the U.S. Small Business Administration (SBA) made Paycheck Protection Program (PPP) loans in accordance with program size standards. This is a follow-up to our earlier report which identified 355 PPP loans that likely exceeded the maximum size standard and may have been erroneously approved. Based on updated data analysis, we identified that 79 of those 355 loans still appeared to exceed the maximum size standard. Our objective was to determine whether PPP loans were made in accordance with program size standards. Read the full report here.
The White House Has Suggested Sweeping Reductions to Many Civilian Agencies, Though It Promises to Maintain Investments in Emerging Technologies, NextGov/FCW
The Trump administration released the outline of its 2026 budget request Friday morning, calling for a reduction in non-defense discretionary funding by $163 billion, or about 23% from 2025. Read more here.
Hegseth Tasks Army to Transform to Leaner, More Lethal Force, Defense.gov
Defense Secretary Pete Hegseth sent out a memo to senior Pentagon leadership addressing Army transformation and acquisition reform on April 30, 2025. To build a leaner, more lethal force, Hegseth said the Army must transform at an accelerated pace by divesting outdated, redundant and inefficient programs, as well as restructuring headquarters and acquisition systems. Read more here.
Upcoming Government Contract Presentations
TRAINING: Unlocking the Secrets of Debriefings, May 15, 2025, Ryan Boonstra, Kelly A. Kirchgasser
CONFERENCE: Executive Action, Real Impact: Veteran Contractors and the Shifting Federal Landscape, May 15, 2025, Isaias “Cy” Alba, IV
CONFERENCE: The Path Forward – Successfully Navigating During Turbulent Waters: What GovCons Can Do to Safely Maneuver Their Business, May 22, 2025, Isaias “Cy” Alba, IV
WEBINAR: Small Business Contracting and Subcontracting, June 4, 2025, Isaias “Cy” Alba, IV
WEBINAR: Nuts, Bolts, and Beyond: To Be a Government Contractor, June 5, 2025, Eric Valle
CONFERENCE: Staying 8(a) Eligible: Navigating Compliance Amid Rising Scrutiny, June 9, 2025, Peter B. Ford
WEBINAR: Managing the Financial Impact of Tariffs on Your Government Contract, June 17, 2025, Jacqueline K. Unger, Ryan Boonstra
WEBINAR: Legal Strategies & Capture Planning, June 20, 2025, Isaias “Cy” Alba, IV
WEBINAR: Avoiding Common Teaming and Subcontracting Pitfalls, June 25, 2025, Jon Williams
WEBINAR: The Buy American Act and Trade Agreements Act: What Government Contractors Need to Know, June 26, 2025, Jacqueline K. Unger, Abigail “Abby” Finan
General Services Administration (GSA) Requests for Information and FAR Parts 1, 34, and 52 Class Deviations
On May 2, the FAR Council issued three Class Deviations regarding GSA contracting activities. On May 6, GSA sent an automated email requesting feedback regarding the Federal Acquisition Regulation (FAR) Overhaul. GSA sent requests for feedback for FAR Parts 1 and 34 for areas that need refinement and any unintended consequences. GSA notes that the FAR Council will not formally respond to feedback, but it will consider the feedback during the rulemaking process. Feedback is due September 20, 2025, by 12:00 pm EST. Comments can be submitted for FAR Part 1 here, and comments can be submitted for FAR Part 34 here. The Class Deviation for FAR Part 1 is available here, the Class Deviation for FAR Part 34 is available here, and the Class Deviation for FAR Part 52 is available here.
Technology Modernization Fund Strengthens Longevity Through Enhanced Repayment Model, GSA.gov
On May 2, the TMF announced a strategic shift to prioritize full repayment for new investments to maximize its capacity to continue accelerating high-impact modernization projects across the federal government. The TMF provides a streamlined path to modernization by combining upfront capital with specialized advisory services, allowing federal agencies to implement transformative IT solutions with greater speed and accountability. The unique funding model breaks down the typical silos between finance and IT teams and incentivizes cross-agency collaboration on common challenges, reducing duplicate spending, and creating shared solutions that benefit the entire federal enterprise. Read more here.
You’re Hired! Restrictions on Hiring Former Government Employees for Government Contractors, PilieroMazza Blog, Nichole D. Atallah, Timothy “Tim” F. Valley, Jr.
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 responsibility of compliance, and what government contractors can do to comply with those laws. Read more here.
Hegseth Orders Elimination of 10% of General, Admiral Jobs, Government Executive
Defense Secretary Pete Hegseth took the first step to turn his rhetoric about bloated senior military ranks into policy on Monday with a memo ordering the services to eliminate at least 20 percent of their active-duty four-star general and flag officer billets, as well as at least 20 percent of all general officer jobs in the National Guard, plus another 10% of general and flag officer billets across the entire military. The memo also orders the elimination of one-fifth of 4-star posts. There is no deadline, and few guidelines given for shakeup. Read more here.
Lawmakers Raise Bipartisan Concerns Over VA RIFs As Secretary Says He May Alter Plans, Government Executive
The Veterans Affairs Department is still planning to shed around 80,000 employees from its rolls by the end of the fiscal year, its chief told lawmakers on Tuesday, but suggested he could waver from those projections as members of both parties expressed reservations about the cuts. Read more here.
US Department of Labor Issues Guidance on Independent Contractor Misclassification Enforcement, DOL.gov
The U.S. Department of Labor’s Wage and Hour Division issued a field assistance bulletin providing guidance on how to determine employee or independent contractor status when enforcing the Fair Labor Standards Act. Read more here. The bulletin is accessible here.
Upcoming Labor & Employment Presentations
TRAINING: Labor Rules & Regulations: Federal Market Compliance, May 21, 2025, Nichole D. Atallah
WEBINAR: Labor Regulations, June 3, 2025, Nichole D. Atallah
PM WEBINAR: Multijurisdictional Employers, Part 2: 2025 State-by-State Updates on Non-Compete and Non-Solicitation Agreements, June 5, 2025, Sarah L. Nash, Zachary S. Stinson
TRAINING: Labor Rules & Regulations: Federal Market Compliance, June 11, 2025, Nichole D. Atallah
TRAINING: Labor Rules & Regulations: Federal Market Compliance, June 25, 2025, Sarah L. Nash
House Appropriators Question Justification for Proposed CISA Budget Cuts, NextGov/FCW
As the Cybersecurity and Infrastructure Security Agency under President Donald Trump has requested a nearly $500 million cut to its budget for the coming fiscal year, House appropriators questioned why such reductions make sense amid escalating tensions with cyber adversaries. Read more here.
INTELLECTUAL PROPERTY & TECHNOLOGY RIGHTS
DOD Announces Publication of the Intellectual Property Guidebook for DOD Acquisition, Defense.gov
On May 1, 2025, the Department of Defense (DoD) released its Intellectual Property (IP) Guidebook for DoD Acquisition. An effort led by the DoD’s IP Cadre, the IP Guidebook provides guidance on the implementation of IP laws and regulations, explains legal and operational challenges in acquiring IP and associated IP rights, and promotes partnerships with industry. This groundbreaking guidance will aid the Department’s acquisition professionals in development, execution, and management of effective IP Strategies that support all functional areas’ requirements and objectives across program life cycle. Read more here.