Compliance Stuff

  As federal agencies continue to navigate budget constraints, geopolitical uncertainty, workforce shortages, and rapid technological change, government contractors entering 2026 face an increasingly complex legal and enforcement environment. Recent case law, agency guidance, and enforcement activity reflect a clear trend: Contractors are being held to higher standards of documentation, transparency, and internal controls across the procurement lifecycle. Below are six legal issues government contractors should be actively monitoring — and preparing for — in 2026. 1.  Heightened Scrutiny of Responsibility Determinations and Contractor Integrity Agencies are paying closer attention to contractor “responsibility,” particularly with respect to ethics, compliance systems, financial viability, and past performance. Responsibility determinations — long considered largely discretionary — are increasingly shaped by issues that extend well beyond the instant procurement. Recent litiga...

For your records, here is a look at some of the most widely read  news, updates, and commentary covering government contracting and related matters  and published on JD Supra during 2025: UPDATE: President Trump’s Executive Orders Impose Tariffs on Products from Canada, Mexico, and China: The Cost to Government Contractors  – by  Jacqueline Unger  at PilieroMazza Trump rescinds Executive Order 11246  – by  Cara Yates Crotty  at Constangy FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit Reset  – by  Philip Lee  and  Alexander Major  at McCarter & English DOJ Settlement With Medical Technology Company Signals Expanding Cybersecurity FCA Risk for Life Sciences Companies  – by attorneys at  Skadden Federal Cybersecurity Policy in 2025: What to Watch in Changing Times  – by attorneys at  Wiley Understanding the Implications of the Temporary Pause on Federal Financial Assistance  – ...

On October 30, 2025, the U.S. District Court for the Northern District of Illinois denied the government’s motion to narrow—and partially stay—the court’s April 14, 2025,  preliminary injunction  barring the U.S. Department of Labor (DOL) from enforcing  Executive Order (EO) 14173’s  “Certification Provision” against any DOL grantee or contractor. The court held, despite the Supreme Court of the United States’ caution in  Trump v. CASA, Inc.  against universal injunctions, that a n injunction against DOL-wide enforcement of the executive order that tackles diversity, equity, and inclusion (DEI) initiatives is necessary to provide complete relief to the plaintiff, Chicago Women in Trades (CWIT), and to prevent a pervasive chilling effect on free speech and conduct rights protected by the First Amendment to the U.S. Constitution. Quick Hits An Illinois federal judge refused to limit a preliminary injunction blocking the enforcement of a provision in President...

  By now, anyone who has had their finger on the pulse of government contracting is keenly aware of the impact the Trump administration’s Department of Government Efficiency (DOGE) has had on acquisitions. As of this writing,   DOGE claims   the amount of dollars saved because of the 13,000-plus contracts terminated to be greater than $58 billion. And while that figure   has been debated   and, even if accurate, would represent only a small fraction of the hundreds of billions of dollars the U.S. government spends each year purchasing goods and services, DOGE’s mission of terminating contracts and cancelling procurements appears here to stay, at least for the foreseeable future. What does this mean for government contractors now that we’re quickly approaching the end of the federal fiscal year, when thousands of contracts normally are awarded as agencies hurry to obligate the rest of their funding for the year? For one thing, there are no more guarantees when it...

We’ve either heard of or seen several instances where a letter terminating a government contract for the government’s convenience has included an incredibly brief time for submitting a settlement proposal. Regulations  state  that a contractor terminated for the government’s convenience has one year to submit a settlement proposal .  This makes sense.  Depending on the type of contract, the contractor may not even know all of the expenses viable in a settlement.  Further, some contractors will require outside legal and accounting support; getting those resources hired may take more time than permitted in the letters that we have seen. So what should a contractor do?  First, ask the contracting officer for a reasonable extension.   Keep in mind that the contracting officers are under pressure to wrap these contracts up quickly and demanding a full year will likely be poorly received .  Second, take the time necessary to complete an accurate and co...

In a significant move, the Office of Federal Contract Compliance Programs (OFCCP) has announced that Michael Schloss will be the new acting director and deputy director of policy. This announcement comes as part of the Trump administration’s broader strategy to reshape the agency’s mission following the issuance of executive order (EO)  Ending Illegal Discrimination and Restoring Merit-Based Opportunity , which revoked EO 11246. Schloss is tasked with guiding OFCCP as it shifts focus toward enforcing Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Quick Hits OFCCP has announced that Michael Schloss will be the new acting director and deputy director of policy, as part of the new administration’s overall strategy to reshape the agency. Schloss previously served as director of the Office of Field Administration at the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA). Schloss will now guide OFCCP’s f...