Stephen Bacon, Lisa Himes Quoted in Law360’s Midyear Government Contracting Policy Report

Rogers Joseph O’Donnell PC shareholder Stephen L. Bacon and of counsel Lisa N. Himes were quoted in a Law360 article examining the most significant government contracting policy changes from the first half of 2026.

Bacon discussed the new FAR clause requiring contractors to certify they won’t engage in “racially discriminatory DEI activities,” which stems from a March executive order from President Donald Trump. He said contractors are already seeing agencies roll out the clause and are taking steps to confirm their supply chains are compliant.

“Many contractors are contemplating what kinds of certifications they want to obtain from their subcontractors to ensure that they’ve done a sufficient review of their policies to make a reasonable representation that they aren’t engaged in any illegal DEI, as defined by the clause,” Bacon said. “So, that’s certainly been a topic of interest for many contractors as this new clause rolls out.”

Bacon also addressed an April executive order making fixed-price contracts the default in federal contracting, noting that it adds a layer of review by a political appointee whenever an agency wants to use a cost reimbursement vehicle instead.

“That additional layer of review is going to push more contracts into fixed price, and in some cases where that may not be the appropriate vehicle to use based on how adequately the government’s able to define their requirements, I think that’s one thing we’re probably likely to see,” Bacon said.

Himes spoke to the U.S. Department of Defense’s May proposed rule expanding foreign ownership, control or influence (FOCI) disclosure requirements to sensitive unclassified defense work above $5 million, which would require contractors to submit a Standard Form 328. She said the rule, once finalized, will mark a significant change in how contractors doing business with the DOD handle their procurement process, and is advising clients to begin preparing now.

“If there’s any foreign investment in the company, in particular, contractors need to start preparing the SF 328 now, because that requirement I’m fairly certain will remain with the final rule, and I think that some of these SF 328s can take a long time to put together,” Himes said. “If there’s really any foreign investment, they can take months to put together.”

Bacon and Himes were recently quoted in additional Law360 midyear government contracts coverage, examining significant litigation from the first half of the year and cases to watch in the second half. 

Bacon represents contractors, subcontractors and other clients in government contracts and construction disputes involving federal, state and local public projects. His practice includes bid protests, contract claims and litigation arising from public procurement matters.

Himes focuses her practice primarily on government contracts matters, with significant experience asserting unique federal doctrines and defenses. She also specializes in cyber, national security, data security, and privacy matters, particularly those involving controlled unclassified information, foreign ownership, control or influence (FOCI) issues, and cyber breach matters.