Another day, another executive order (EO) that will transform federal procurement as we know it. A March 20, 2025 EO entitled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” and its accompanying fact sheet call for “[c]onsolidating domestic Federal procurement in the General Services Administration” (GSA), at least with regard to “common goods and services.” 

Continue Reading Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA

As the second Trump administration reaches its 60-day mark, it is a good time to take stock of the US antitrust agencies’ actions. The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have been busy despite the broader government shakeup. Enforcement patterns are emerging. For example, FTC Chairman Andrew Ferguson has been transparent about his priorities—health care, technology platform dominance, and labor. As the timeline below shows, he has wasted no time in implementing initiatives and enforcement in these areas. As for the DOJ, Assistant Attorney General Abigail Slater was sworn in last week, and her enforcement priorities will likely take more shape in the coming 60 days. The DOJ, however, has remained active, especially in the Sherman Act enforcement space.

Continue Reading Antitrust in Trump 2.0—the First 60 Days

Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government contractors. Overall, these various new developments have resulted in a flurry of contract modifications, suspensions, and terminations for convenience (and, in some cases, rounds of  retractions, rescissions, and reissuances of same). In addition, changes relating to agency personnel is causing obstacles to contractors’ performance, while tariffs (if they stick around) are likely to cause increased prices and, potentially, supply shortages that could impact performance. With all this going on, what’s a federal contractor to do? McCarter & English has compiled some summary guidance for contractors that can help to answer that very question.  Read on to see how you can successfully navigate these choppy – and somewhat uncharted – waters.

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As St. Patrick’s Day approaches, many of us are on the lookout for four-leaf clovers, a pot of gold, or perhaps even a mischievous leprechaun guarding his treasure. But in the world of government contracting, the real tricksters aren’t wearing green coats and buckled shoes—and there is no gold at the end of the procurement rainbow. Instead, that pot is full of the recently announced tariffs. Effective March 4, 2025, the Trump administration imposed 25 percent tariffs on Mexican and Canadian imports (exclusive of Canada energy imports, where there is a 10 percent tariff) and a 20 percent tariff on Chinese products. While economists, pundits, and the stock market will all have their say on the wisdom behind these actions, such prognostication is of little help to federal contractors who are forced to deal with the very real effects right now.

Continue Reading Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

As much we all love Rihanna, it’s a real shame how many contractors have called me in the last few days with issues that remind me of her well-known “Pay Me What You Owe Me” lyrics. They’re brought to mind because contractors are – on an increasing basis – being denied payment on properly invoiced sums. In some cases, contractors have even been expressly advised by agency officials that they will not be paid at all for the foreseeable future. “Don’t submit any future invoices until you hear from us” is becoming a shockingly common refrain. And yet, the work being invoiced was properly performed. There is no allegation of delayed or deficient performance. Indeed, the amounts due are undisputedly owing to the contractor. So what is going on?!?

Continue Reading Pay Me What You Owe Me, Don’t Act Like You Forgot!

Amid the chaos of the past few weeks—sweeping executive orders, relentless cost-cutting, and an air of uncertainty that lingers like smoke after a fire—federal contractors have been left reeling, straining to hear what comes next through the deafening noise. In this storm, predicting the future is as futile as fortune-telling. And yet beneath the shouts of change and upheaval, one truth remains, a whisper through the screams—some things, especially those that serve the government’s interests, are not going anywhere.

Continue Reading Whisper Through the Screams: DOJ Commits to False Claims Act Enforcement in 2025

On February 26, 2025, the White House issued another Executive Order (EO) that will have major implications for Federal government contractors across numerous industries and agencies. The new EO, entitled Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative, requires every agency to work with that agency’s DOGE Team Lead (i.e., the leader of the DOGE Team at each agency, as defined in Executive Order 14158) to, among other things, conduct a review of covered contracts and grants, set up guidance for new contracts aimed at promoting efficiency and the Trump administration’s priorities, and build a system to track and justify payments made to contractors. What does that mean for you? Consider the below.

Continue Reading New EO Demands Agencies Conduct Review of All Covered Contracts and Grants, Terminate or Modify To Reduce Spending, and Set Up System To Track and Justify All Future Payments

Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025. The Order will have an immediate impact on federal contractors and subcontractors currently subject to the affirmative action obligations concerning women and minorities under now-revoked Executive Order 11246 dated September 24, 1965 (and the subsequent executive orders that refined these obligations). It also signals a significant change in the focus of federal enforcement of equal opportunity laws. The Order does NOT, however, change any of the substantive federal law regarding employment discrimination. Under Title VII of the Civil Rights Act of 1964, it remains illegal for employers to make employment decisions on the basis of race, color, religion, sex, or national origin. Other federal and state statutes prohibit making employment decisions on various other bases, including age, disability, genetic make-up, etc.; none of these substantive laws have been changed. So what has changed?

Continue Reading DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers

After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the Proposed Rule). Published in the Federal Register on January 15, 2025 (90 FR 4278), the Proposed Rule (stemming from FAR Case 2017-016) has been a long time coming and is intended to establish a government-wide standard for managing sensitive information, ensuring CUI uniformity and consistency across all agencies and federal contracts.

Continue Reading They Did It. They Really Did It! The Arrival of the FAR CUI Proposed Rule

On January 8, 2025, in UNICA-BPA JV, LLC, the U.S. Government Accountability Office (GAO) sustained a protester’s challenge to its elimination from the competition for failing to have an active System for Award Management (SAM) registration at the time of its initial proposal submission. The GAO sustained the protest because the protester’s registration was in fact active at the time it submitted its final proposal revision (FPR) even though it was inactive at the time of initial proposal submission. The facts of the case are straightforward:

Continue Reading What Happens When Uncle Sam Doesn’t Understand SAM? The Case of the Lucky Protester . . .