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Defense Department on 30-Day Clock Under Trump Order Curbing Buybacks at Underperforming Contractors

The Pentagon faces an early February deadline to flag underperformers, triggering rapid remediation windows with potential DPA enforcement.

Overview

  • President Trump’s executive order immediately bars stock buybacks and dividends for defense contractors the secretary deems underperforming, with a 15-day window for board-approved remediation after notice.
  • The order requires new contract clauses within 60 days tying executive incentives to on-time delivery, production speed, and investment, with potential caps on base salaries during periods of underperformance.
  • The SEC chairman is directed to consider changes to Rule 10b-18 that could remove the buyback safe harbor for identified defense contractors, adding market and compliance uncertainty.
  • Key terms like “underperforming” and which firms qualify as “major” remain undefined, raising legal questions over enforcement under existing FAR/DFARS tools and Defense Production Act authorities.
  • Industry responses range from startups praising the policy to large primes emphasizing production moves, with RTX highlighting a 2026 Sea Sparrow ramp, HII prioritizing shipyard investment, and Pentagon leaders expecting Lockheed to “step up.”