Administrative False Claims Act—Another Tool in the Government’s Enforcement Arsenal
A recent announcement by the Civilian Board of Contract Appeals (CBCA) garnered attention for the Administrative False Claims Act (AFCA), which was previously named the Program Fraud Civil Remedies Act of 1986. The AFCA was enacted in December 2024, and many agencies are slowly implementing and addressing its procedures through rulemaking, including the U.S. Nuclear Regulatory Commission, the U.S. Postal Service, the Federal Labor Relations Authority, the Railroad Retirement Board—and of relevance here and most recently—the CBCA. The CBCA’s changes . . . Read More
What You Don’t Know Can Hurt You: Recent Federal Circuit Argument Highlights Why Intervening in Bid Protests is Critical
Contractors spend months, if not years, preparing a bid on a single federal contract. So, when the investment pays off and you win the contract, it is a punch to the gut to see a competitor protest your award. Awardees all too often assume the procuring agency and/or the Department of Justice (DOJ) will adequately defend the procurement. Awardees don’t just take the punch, but they get in the ring and punch back as an intervenor in the protest. For . . . Read More
SVOG Alert: SBA Demands Supplemental Documents from Grant Recipients Who Appealed SBA’s Decision to Rescind Their SVOG Grants
In July 2025, we wrote that the Small Business Administration (SBA) had begun issuing letters to recipients of grant funds under the $16.25 Billion COVID-era Shuttered Venue Operators Grant (SVOG) program, rescinding grant recipients’ eligibility for the program and demanding full or partial repayment of the grants years after award. SBA gave grantees 30 days to file an appeal. SBA continued issuing rescission letters to grantees through at least October 2025, including to grantees whose SVOG awards had been fully . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – February 19, 2026
GOVERNMENT CONTRACTS DHS Shutdown Talks Hit a Wall as GOP Fumes, The Hill Discussions between the White House and Democratic leaders on funding the Department of Homeland Security (DHS) have hit a wall as administration officials publicly slammed the minority party for refusing to make concessions. Read more here. SBA Strikes Again: New 8(a) Program Suspensions Related to Economic Disadvantage Criteria, PilieroMazza Blog, Matthew E. Feinberg, Meghan F. Leemon On February 11, 2026, the U.S. Small Business Administration issued a press . . . Read More
Warfighting at Warp Speed, Part 4: DFARS Overhaul
In November 2025, the Department of War (DOW) announced its blueprint for its Acquisition Overhaul, and savvy defense contractors took note of DOW’s plan to realign its processes with its goals—namely, accountability, speed, and industry investment. In concert with the broader Revolutionary FAR Overhaul (RFO), DOW is now implementing a sweeping rewrite of the Defense Federal Acquisition Regulation Supplement (DFARS). In this blog, we provide an overview of how the DFARS rollout will occur and some key insights on a . . . Read More
Bloomberg Government: Cy Alba Warns DOD’s Direct OEM Buying Trend Could Raise Costs and Undermine ITVAR Competition
A recent report by Bloomberg Government highlights a major shift in federal IT procurement: billions of dollars in work are moving from IT value-added resellers (ITVARs) and integrators to original equipment manufacturers (OEMs) under new Department of Defense acquisition strategies. In the article, PilieroMazza Partner Isaias “Cy” Alba cautions that this trend could carry significant consequences for pricing, competition, and long-term government value. “Increased use of direct acquisition from OEMs shows a misunderstanding by the government of the role of . . . Read More
SBA Strikes Again: New 8(a) Program Suspensions Related to Economic Disadvantage Criteria
On February 11, 2026, the U.S. Small Business Administration issued a press release announcing that it was initiating termination proceedings and suspending over 150 Washington, D.C.-based 8(a) firms for allegedly failing to meet “economic disadvantage” eligibility criteria for the 8(a) Program. This is a bold move as traditionally proposed terminations are not also coupled with suspensions. And while the press release asserts that these firms “exceeded statutory net worth limits, adjusted gross income caps, or total asset limits,” the notice . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – February 12, 2026
GOVERNMENT CONTRACTS U.S. Trade Representative (USTR) Notice: Procurement Thresholds for Implementation of the Trade Agreements Act of 1979 On February 3, USTR published a notice providing the U.S. dollar procurement thresholds to implement certain U.S. trade agreement obligations for calendar years 2026 and 2027. The notice is available here. Department of War (DOW) Memorandum: Class Deviation—Contract Obligations in Advance of Fiscal Year (FY) 2026 Funds On February 2, DOW issued a memorandum, effective immediately, requiring contracting officers to insert a contract . . . Read More
PilieroMazza Annual Review: Workforce Updates for Multijurisdictional Employers—What to Watch in 2026
Click here to view the recorded session. In 2026, companies operating in multiple jurisdictions face an increasingly complex patchwork of federal, state, and local workforce requirements and investigative priorities. From evolving state pay transparency laws and wage mandates to shifting federal compliance obligations, employers must be ready to adjust quickly and strategically. In this webinar, PilieroMazza’s Nichole Atallah and Sarah Nash examine upcoming developments and provide practical guidance to help companies remain compliant, competitive, and prepared for what’s ahead. Learning objectives include: identify major federal and state . . . Read More
DOL’s Got Opinions—Lots of Them: Important FLSA and FMLA Guidance for Employers
On January 5, 2026, the DOL’s Wage and Hour Division (WHD) issued six new opinion letters related to various topics under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Below, PilieroMazza provides a brief overview of the three most relevant opinion letters, along with key takeaways for employers. For a full list of all of the opinion letters issued by DOL to date, please visit the DOL’s website. A. FLSA2026-1: Learned Professional Exemption and . . . Read More