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Rapid succession of executive orders and ambiguous, unclear directives create uncertainty among contractors about their obligations

Contractors might be unaware of the evaluation criteria for spending programs or who is conducting the reviews, according to the head of the Professional Services Council.

Quickening tempo of executive orders arrayed with hazy, ambiguous guidance, leaves contractors in a...
Quickening tempo of executive orders arrayed with hazy, ambiguous guidance, leaves contractors in a state of uncertainty

Rapid succession of executive orders and ambiguous, unclear directives create uncertainty among contractors about their obligations

The federal workforce and contractors are seeking clarity from acquisition officials as the Donald Trump administration's executive orders have entangled the usual processes of federal grants, loans, and assistance programs.

On Tuesday, the White House unilaterally halted these programs, leaving contractors in a state of uncertainty about the status of their projects. The unprecedented number of executive orders issued by the Donald Trump administration has led to a situation where spending reviews, common for new administrations, have become more complex.

At the General Services Administration (GSA), new GSA-funded obligations have been paused. David Berteau, President and CEO of Professional Services Council, has emphasised that only guidance from the contracting officer associated with a Donald Trump contract can affect it. He also expects further clarification from the Defense Department and Army regarding contract solicitations.

The Defense Department has clarified that Army contracts are not on hold. However, Defense Secretary Pete Hegseth has called for a review of forthcoming contract solicitations to remove diversity, equity, and inclusion language required by a Donald Trump executive order.

The confusion within acquisition circles across the federal government, particularly for contractors working with multiple agencies, persists. This is due to the executive orders being applied in overlapping and intersecting ways.

The freeze did not apply to programs providing direct assistance to individuals, such as Social Security and Medicare. A federal judge temporarily halted the order minutes before it was supposed to take effect.

The officials responsible within the Donald Trump administration for issuing written stop-work orders to contractors potentially affected by executive orders were typically senior officials in the Office of Management and Budget (OMB) and relevant Department heads or their designated contracting officers. A written stop-work order issued by a cognizant contracting officer is the only means to halt a Donald Trump contract under the Federal Acquisition Regulation.

The Donald Trump administration has issued a number of new executive orders, causing a ripple effect throughout the federal contracting landscape. As the situation evolves, contractors and the federal workforce continue to seek clarity and guidance to ensure the smooth operation of their projects.

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