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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. |
Law360 Quotes PilieroMazza’s Lauren Brier: Federal Contractors’ Avenues for Tariff Mitigation, PilieroMazza News, Lauren Brier
President Donald Trump’s tariff plans threaten to increase costs for federal contractors who won’t be exempt from the duties, but contractors may be able to pursue avenues for reimbursement if they follow certain regulatory rules. Read more here.
PilieroMazza Creates Resource Center to Address Executive Orders Affecting Government Contractors, PilieroMazza News, Jacqueline K. Unger, Nichole D. Atallah, Meghan F. Leemon, Lauren Brier, Isaias “Cy” Alba, IV, Samuel S. Finnerty
PilieroMazza‘s “Government Contract Executive Orders” resource center was created in response to a series of Executive Orders introduced by President Trump in 2025 that will impact government contractors in terms of their compliance obligations, cost considerations, and enforcement risks. Here, you’ll find coverage of how recent and upcoming EOs are reshaping the federal contracting landscape. Whether you’re navigating DEI limitations, workforce requirements, supply chain mandates, or funding restrictions, you’ll find practical insights to help your business stay compliant and competitive, as well as gain clarity on your rights, mitigate risks, and improve cost recovery. Visit this link to access the resource center.
Federal Spending Freeze and Executive Orders Blocked by Federal Judge: What Contractors Need to Know, PilieroMazza Client Alert, Samuel S. Finnerty, Lauren Brier
As we recently noted, President Trump has issued a flurry of Executive Orders (EO) since he took office. Among other things, President Trump has sought to eliminate DEI and affirmative action-based programs and has put a 90-day pause on all foreign development assistance funding. More sweepingly, on January 27, 2025, the Office of Management and Budget (OMB) issued a directive (Directive) requiring agencies to pause all funding for federal financial assistance and other relevant agency activities that may be implicated by the EOs, including financial assistance for foreign aid, nongovernmental organizations, DEI, gender ideology, and the green new deal. Agencies have been responding to these Executive actions swiftly by issuing stop-work orders and modifying, and in some cases terminating, contracts and grants. Although the OMB Directive was ultimately rescinded on January 29, 2025, the policies contained in the Directive have not been effectively rolled back and are the subject of ongoing litigation. Read more here.
President Trump Issues Executive Orders Impose Tariffs on Products from Canada, Mexico, and China: The Cost to Government Contractors, PilieroMazza Client Alert, Jacqueline K. Unger, Lauren Brier
On February 1, 2025, President Trump issued 3 executive orders imposing additional tariffs on products from Canada, Mexico, and China, effective February 4, 2025. The tariffs on Canadian and Chinese products will go into effect on February 4, 2025. Pursuant to an agreement reached between Mexico and the U.S. on February 3, 2025, the tariffs on Mexican products will be delayed for a month. This client alert identifies key takeaways from the executive orders and provides important considerations for government contractors to best protect their interests. Read more here.
Key Executive Orders Passed by President Trump and Their Implications for Government Contractors, PilieroMazza Client Alert, Jacqueline K. Unger, Lauren Brier
Since President Trump took office a little over ten days ago, he has issued multiple Executive Orders (EO) aiming to further his policy objectives and rescind certain policies set by the Biden Administration. Many of these EOs affect government contractors working on federal contracts, as well as contractors working on state and local projects that receive federal assistance. In this client alert, we highlight key Executive Orders and summarize their purpose and impact on government contractors. Read more here.
Upcoming REAs, Claims, and Appeals Presentations
PM WEBINAR: Government Contracts and New Mandates: Executive Orders and Cost Recovery Strategies Explained, February 12, 2025, Lauren Brier, Jacqueline K. Unger
Cy Alba Explains SBA Final Rule and Implications for GovCon Mergers and Acquisitions, PilieroMazza News, Isaias “Cy” Alba, IV,
PilieroMazza’s Cy Alba was recently featured in a podcast and webinar discussing SBA’s Final Rule and its implications on mergers and acquisitions in the government contracting arena. Read more here.
Executive Office of the President Executive Order (EO) 14158: Establishing and Implementing the President’s “Department of Government Efficiency” (DOGE)
On January 29, the President issued an EO to establish the DOGE, which is intended to modernize Federal technology and software to maximize governmental efficiency and productivity. EO 14158 renames the United States Digital Service to the United States DOGE Service (USDS) and instructs the administrator to establish a Software Modernization Initiative. This initiative is intended to improve the quality and efficiency of government-wide software, network infrastructure, and information technology (IT) systems. The USDS Administrator is also instructed to collaborate with other agencies to ensure interoperability. The full EO is available here.
What to Know About the Legal Challenges to Trump’s Executive Actions, The Hill
President Trump’s torrent of executive actions has spurred a flood of legal challenges seeking to thwart the president’s efforts to reshape U.S. policy in his first days back in the White House. Read more here.
Army Contracts Are Not Halted, Pentagon Clarifies After Service Email Provokes Confusion, Defense One
U.S. Army contracting is not on hold, the Defense Department said in an attempt to clear up confusion stemming from email guidance that circulated in anticipation of an administration memo to get all “financial assistance” in line with recent Trump administration executive orders. Read more here.
SBA Resets Some Small Business Goals for 2025, Federal News Network
The Small Business Administration removed agency-specific prime contracting goals for prime awards to small-disadvantaged businesses. Read more here.
Iowa Floats First State-Level ‘Department of Government Efficiency,’ Route Fifty
Gov. Kim Reynolds said the new task force would build on the state’s previous efforts to consolidate agencies and technology, which has already saved millions of dollars. Read more here.
Upcoming Government Contract Presentations
CONFERENCE: Meet the Experts: Joint Venture Bidding Strategies for 8(a) Firms, February 11, 2025, Meghan F. Leemon
CONFERENCE: Meet the Experts: Mentor-Protégé Bidding Strategies for 8(a) Firms, February 11, 2025, Meghan F. Leemon
PM WEBINAR: Government Contracts and New Mandates: Executive Orders and Cost Recovery Strategies Explained, February 12, 2025, Lauren Brier, Jacqueline K. Unger
CONFERENCE: Subcontracting Essentials for 8(a) Contractors, February 12, 2025, Isaias “Cy” Alba, IV, Nichole D. Atallah, Meghan F. Leemon
TRAINING: SBA Regulatory Updates, March 4, 2025, Isaias “Cy” Alba, IV
TRAINING: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, March 13, 2025, Katherine B. Burrows, Eric Valle
Executive Office of the President Executive Order (EO) 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity
On January 31, the President issued an EO revoking the following EOs: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce; Equal Employment Opportunity in the Federal Government; Equal Employment Opportunity. The EO also revokes the Presidential Memorandum, Promoting Diversity and Inclusion in the National Security Workforce, and orders the Office of Federal Contract Compliance Programs to cease. The EO also requires the “Federal contracting process shall be streamlined to enhance speed and efficiency, reduce costs, and require Federal contractors and subcontractors to comply with our civil-rights laws.” The full EO is available here.
Executive Office of the President Executive Order (EO) 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing
On January 29, the President issued an EO revoking EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, issued by Former President Biden. EO 14151 orders the OMB to terminate all diversity, equity, inclusion, and accessibility (DEIA) programs and directs the Office of Personnel Management (OPM) to “review and revise, as appropriate, all existing Federal employment practices, union contracts, and training policies or programs to comply with this order. Federal employment practices, including Federal employee performance reviews, shall reward individual initiative, skills, performance, and hard work and shall not under any circumstances consider DEI or DEIA factors, goals, policies, mandates, or requirements.” Federal agencies must comply with this EO within 60 days. The full EO is available here.
Continuing Resolution Creates Doubts Agencies Can Honor OPM’s ‘Deferred Resignation’ Deal, Federal News Network
Many federal employees say they’re wary of the OPM’s “voluntary resignation” offer and warn the agency is taking a novel approach that doesn’t offer any guarantees. Many federal employees say they’re concerned OPM is using an untested approach for headcount reduction. Read more here.
Employee Groups, Democrats, Experts Warn Feds Not to Accept ‘Deferred Resignation’ Offer, Government Executive
The lack of a legal underpinning for the purported eight-month severance package and Elon Musk’s history of offering—and then revoking—severance payments have many federal workers wary of the measure. Read more here.
IRS Updates NDAs With Anti-Gag Provision After Watchdog Findings, Bloomberg Law
The IRS made changes to its non-disclosure agreements, so employees and contractors are more willing to report fraud, waste, or abuse at the agency, following findings in a watchdog report. Read more here (subscription required).
Trump’s DEI Order Creates Murky Fraud Risks for Contractors, Bloomberg Law
Ambiguities in a Trump executive order are sowing compliance concerns among federal contractors, as the directive enables the novel potential prosecution of businesses with government pacts for fraud related to diversity practices deemed discriminatory. Read more here (subscription required).
Hegseth Stands Up Anti-DEI Task Force, Defense One
In a memo recently released, Hegseth announced the creation of the “Restoring America’s Fighting Force Task Force,” whose purpose, he wrote, is to ensure that DOD works “to provide merit-based, color-blind, equal opportunities to Service members but will not guarantee or strive for equal outcomes.” Read more here.
Trump’s Blow to Tiny But Powerful Contractor Watchdog: Explained, Bloomberg Law
President Donald Trump last week gutted the core enforcement power of the US Department of Labor watchdog that polices federal contractors for anti-discrimination and affirmative action violations, leaving companies that work for the government without clear guidelines. Read more here (subscription required).
Upcoming Labor & Employment Presentations
CONFERENCE: Ins and Outs of the Service Contract Act for 8(a) Contractors, February 12, 2025, Nichole D. Atallah
SEMINAR: Key Labor & Employment Rules, February 25, 2025, Nichole D. Atallah
CONFERENCE: Navigating HR Laws in the DMV Area: Your Must-Have Cheat Sheet (For Federal Contractors & More), February 25, 2025, Sarah L. Nash
TRAINING: Labor Rules & Regulations: Federal Market Compliance, February 26, 2025, Sarah L. Nash
PilieroMazza Annual Review: What DOJ’s 2024 FCA Report Means for Government Contractors, PilieroMazza Blog, Matthew E. Feinberg, Jacqueline K. Unger
On January 15, 2025, the Department of Justice released its annual fraud statistics report detailing settlements and judgments obtained under the False Claims Act and other fraud matters during Fiscal Year 2024 (FY 2024), which ended September 30, 2024. During FY 2024, the government recovered $2,920,738,612, a 4.8% increase compared to FY 2023. 2024 also saw a landmark ruling from a federal trial court that the qui tam provisions of the FCA are unconstitutional. Here are key takeaways from 2024, including the Annual Report, and what government contractors facing FCA claims should expect in 2025 and beyond. Read more here.
Upcoming False Claims Act Presentations
PM WEBINAR: PilieroMazza Annual Review: What DOJ’s 2024 FCA Report Means for Government Contractors, February 26, 2025, Jacqueline K. Unger, Matthew E. Feinberg
LITIGATION & DISPUTE RESOLUTION
Matt Feinberg Achieves Senior Fellow Status with the Litigation Counsel of America, PilieroMazza News, Matthew E. Feinberg
PilieroMazza is pleased to announce that Matt Feinberg recently achieved Senior Fellow status with the Litigation Counsel of America, an honorary society recognizing excellence among trial lawyers. This distinction is awarded to attorneys who have demonstrated superior litigation skills, professionalism, and integrity in their practice. Read more here.
Executive Office of the President Executive Order (EO) 14166: Application of Protecting Americans From Foreign Adversary Controlled Applications Act to TikTok
On January 30, the President issued an EO extending the deadline for the implementation of the Protecting Americans from Foreign Adversary Controlled Applications Act by 75 days. The full EO is available here.