Government contractors, if they have not seen it already, are likely to begin seeing FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, in solicitations, contracts, and subcontract flowdowns.
The Contractor's Perspective
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Privity Required: Tenant at a Government-Owned, Contractor-Operated Facility Lacked the Contractual Relationship Necessary to Assert a Claim Against the U.S. Army
As experienced government contractors know, the rights and remedies available to prime contractors and subcontractors vary markedly. Prime contractors have a direct contractual relationship with the U.S. Government—referred to as “privity” of contract—and therefore may bring claims directly against the government under the Contract Disputes Act (CDA). Subcontractors are typically only able to pursue claims…
New Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple Agencies
On March 26, 2026, the White House issued an Executive Order (2026 DEI Executive Order) imposing new obligations on federal contractors to provide evidence of the elimination of racially discriminatory Diversity, Equity, and Inclusion (DEI) activities.…
DOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026
The Department of Justice (“DOJ”) recently released its 2025 statistics for federal False Claims Act cases. With settlements and judgments exceeding $6.8 billion last year, DOJ’s report shows that the False Claims Act (“FCA”) remains one of DOJ’s most potent and frequently-used investigation tools. The annual report also suggests that, after a year of change…
Civil Rights Fraud Investigations of DEI Programs Have Begun
On May 19, 2025, the Department of Justice (“DOJ”) announced its Civil Rights Fraud Initiative (the “CRFI”). As discussed in our post related to that announcement, the CRFI mobilizes federal, state, and local law enforcement to investigate whether recipients of federal funds have DEI programs that violate federal civil rights laws. Multiple federal and state…
The Impact of the Upcoming Closure of OFCCP
Recently, my colleague Tracey O’Brien and I examined the implications of the federal government’s intention to shut down the Office of Federal Contract Compliance Programs (OFCCP). OFCCP has already proposed to prohibit data collection by federal contractors of disability status from employees and applicants. In a Notice of Proposed Renewal of Information Collections released by…
CMMC Day and a Break in the Senate Logjam
By Erik Dullea & Luis Hidalgo
After a Senate vote on Sunday evening, Congress appears closer to ending the record-setting government shutdown. The Senate advanced a funding package that includes appropriations for military construction and calls for the reinstatement of all furloughed federal employees.…
Contractor Rights and Remedies in a Shutdown of Extraordinary Length
The extended duration of the October 2025 shutdown, which will soon be the longest in history, adds a new level of uncertainty and pressure for federal contractors and subcontractors. Does the shutdown excuse the government from paying invoices that come due during the shutdown? Can the government require contractors to work without payment? What relief…
The Real Impacts of DOT’s Interim Rule on DBE Eligibility
The Department of Transportation has issued an interim rule that makes significant changes to the eligibility rules and administration procedures used in the Disadvantaged Business Enterprise programs and Airport Concession Disadvantaged Business Enterprise program. The DBE and ACDBE programs were established to provide opportunities to small businesses owned and controlled by socially and economically disadvantaged…
Navigating WARN Act Compliance Amid Government Shutdown and Federal Contract Cancellations: What Federal Contractors Need to Know
The Trump administration’s push to downsize the federal workforce has entered a new phase, marked by rounds of layoffs, the deferred-resignation plan, and other voluntary departure programs. As the federal government shutdown enters its second week, the administration has escalated its response by threatening sweeping program cuts and workforce reductions.
As the administration continues its…