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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. |
PilieroMazza’s Sam Finnerty Joined Federal Drive with Tom Temin to Discuss Real-World Implications of Executive Order Forcing Plaintiffs to Pay for Injunctions Against the Government, PilieroMazza News, Samuel S. Finnerty
One of the recent executive orders from the Trump administration directs federal agencies to require plaintiffs post a security (a bond) when seeking preliminary injunctions or temporary restraining orders in lawsuits against the government. As the number of lawsuits seeking to block recent executive actions rises, this Executive Order (EO) enforcing Federal Rule of Civil Procedure 65(c) (FRCP 65) is drawing increased attention. In this exclusive interview, Sam Finnerty provides valuable insights into why the EO was issued, how FRCP 65 governs injunction bonds, why supporters say it’s about accountability — and opponents say it threatens access to justice, and what this could mean for contractors, small businesses, and constitutional challengers alike. You can listen to the podcast on Apple or Spotify and can visit this link for Sam’s blog on the topic. Go to this link for a transcript of the podcast. Read more here.
Keeping Your Defense Contract: Combating Recent Government Contract Cuts, PilieroMazza Blog, Isaias “Cy” Alba, IV, Kristine “Krissy” Crallé
The Department of Defense (DOD) cut another batch of government contracts and grants on March 20th. The DOD is just one of many executive agencies advancing the policies of President Trump and the Department of Government Efficiency (DOGE) focusing on mass cuts to contracts and grants in the name of improving government efficiency. The latest DOD cuts come a day after the deadline for DOD heads to conduct a comprehensive review and validation of existing General Services Administration (GSA) contract vehicles for consulting services. The February 18th Memo, Review and Validation of Contracts for Consulting Services Memorandum, instructed a similar review of non-GSA-related contracts by April 19, 2025. In this blog, PilieroMazza addresses possible arguments contractors can use to keep their government contracts with DOD and other agencies. Register here for our webinar to get an overview of the DOD’s Mentor-Protégé Program. Read more here.
OHA Confirms: SBA Must Consider Operating Agreements in Joint Venture Size Determinations, PilieroMazza Blog, Samuel S. Finnerty
A recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in the Size Appeal of DecisionPoint-Agile Defense JV, LLC, SIZ-6336 (Feb. 12, 2025) highlights the critical role of a thorough SBA review in small business size determinations. OHA overturned an adverse size determination after finding the SBA Area Office improperly refused to consider the mentor protégé joint venture’s (JV) operating agreement (OA) simply because it was not expressly incorporated into the joint venture agreement (JVA). This decision reinforces that a well-drafted operating agreement can be just as critical as the joint venture agreement in proving small business eligibility. Read more here.
Department of Defense (DOD) Memorandum: Reporting Instructions to Comply with Presidential Action Memorandum “Radical Transparency About Wasteful Spending” Dated February 18, 2025
On April 2, DOD issued a memorandum, effective immediately, directing contracting officers and agreements officers to follow the instructions outlined in the memorandum to report termination and cancellation actions in the Federal Procurement Data System (FPDS) and post special notices to the System for Award Management (SAM) relating to the Trump Administration’s “efficiency” initiatives. The full memorandum is available here.
Agencies May Have to Pay More for Late Contractor Invoices Due to Trump Payment System Overhaul, Government Executive
Agencies could be on the hook for interest on late payments to government contractors, as President Donald Trump seeks to overhaul the contractor payment system. Stakeholders warned that the late payment issue could prompt companies to avoid doing business with the federal government. Read more here.
Upcoming Government Contract Presentations
SEMINAR: Executive Orders and the Future of Government Contracts: Legal Insights for Contractors,
April 16, 2025, Meghan F. Leemon
WEBINAR: Small Business Contracting & Subcontracting, April 18, 2025, Meghan F. Leemon
PM WEBINAR: Diversifying your Contract Pipeline by Maximizing Opportunities through the DOD’s Mentor-Protégé Program, April 18, 2025, Isaias “Cy” Alba, IV, Kristine “Krissy” Crallé
TRAINING: Understanding and Avoiding Affiliation for Small Business Government Contractors, April 22, 2025, Emily A. Reid, Cole R. Fox
CONFERENCE: EOs, Regulations, and Judicial Updates for the Federal Marketplace, April 24, 2025, Meghan F. Leemon
CONFERENCE: Federal Contracting Under the Trump Administration, April 24, 2025, Meghan F. Leemon
GOVERNMENT CONTRACTS / BUSINESS & TRANSACTIONS
Corporate Transparency Act, Part 10: Interim Final Rule, U.S. Companies and U.S. Persons Exempt From Reporting, PilieroMazza Client Alert, Meghan F. Leemon, Abigail “Abby” L. Baker, Cole R. Fox
On March 26, 2025, FinCEN issued an interim final rule and request for comments, removing the requirement under the Corporate Transparency Act (CTA) for both U.S. companies and U.S. persons to report beneficial ownership information to FinCEN. The rule is effective March 26, 2025. Thus, subject to additional rule changes, U.S. companies and U.S. individuals no longer have to file an initial Beneficial Ownership Information Report (BOIR) or otherwise update or correct a previously filed BOIR. Please visit this link to access Parts 1-9 in this series. Read more here.
Nichole Atallah Contributes to PCI Podcast Series “Tracking Changes with the New Administration to Help You Manage Contracts and Grants,” PilieroMazza News, Nichole D. Atallah
This is the first in a series of PCI podcasts “Tracking Changes with the New Administration to Help You Manage Contracts and Grants.” In this episode, PilieroMazza’s Nichole Atallah and Forvis Mazars‘ Bill Walter discuss evolving affirmative action and DEI requirements, enforcement of the Trump administration’s DEI Executive Orders, and what government contractors should do to ensure compliance with the administration’s rules. Primarily, contractors should evaluate their policies and procedures for hiring, promotion, and retention for federal law compliance and carefully review the certification required by an agency. Visit this link to access the podcast replay and this link for recent PilieroMazza coverage on this topic.
Department of Defense (DOD) News Release: DOD Task Force to Assess Progress of DEI Elimination
On April 4, DOD announced that a nine-member task force was established to evaluate the implementation of the Defense Secretary’s memorandum, “Restoring America’s Fighting Force”, which required the DOD to create a task force to eliminate diversity, equity, and inclusion (DEI) offices and initiatives. The task force previously issued guidance across the DOD to eliminate DEI, and the task force is now working to implement the guidance and is seeking feedback on the implementation. Read more here.
Pro-Labor Republicans Push Trump to Rescind Order Busting Most Federal Unions, Government Executive
President Trump’s controversial decision last week to sign an executive order stripping hundreds of thousands of federal employees of their collective bargaining rights has drawn the ire of even some House Republicans. House lawmakers introduced bipartisan legislation to nullify President Trump’s executive order stripping two-thirds of the federal workforce of their collective bargaining rights. Read more here.
Upcoming Labor & Employment Presentations
WEBINAR: GovCon: Need to Know – Employment, Health and Safety, April 29, 2025, Sarah L. Nash
White House Presidential Action: Extending the TikTok Enforcement Delay
On April 5, President Trump issued an Executive Order extending the enforcement delay of EO 14166, Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok, until June 19, 2025. The EO directs the Department of Justice not to take any action to enforce the Foreign Adversary Controlled Applications Act. Read more here.
White House Article: White House Releases New Policies on Federal Agency AI Use and Procurement
On April 7, the Trump Administration announced that its Office of Management and Budget (OMB) released two policies regarding Federal Agency Use of AI and Federal Procurement. These policies direct Federal agencies to accelerate the Federal use of AI by removing barriers to innovation, accelerating responsible AI adoption, and deploying trustworthy AI that is not at the expense of Americans. These policies further direct agencies to ensure a competitive marketplace for AI, manage AI risk, and engage expertise for AI acquisition. Read more here.
Contractors Could Hack Back Against Adversaries, Top Cyber Democrat Says, NextGov/FCW
Rep. Eric Swalwell, the House Homeland Security Committee’s leading Democratic voice on cybersecurity matters, suggested that government contractors could be deployed to conduct offensive cybersecurity operations against foreign adversaries. Rep. Eric Swalwell, D-Calif., said the federal government can’t protect everyone and the concept of asking private sector security companies to conduct offensive cyber operations is worth exploring. Read more here.