Defense Contractors - You Better Perform...Or Else

Published: January 12, 2026

Contracting TrendsDEFENSEPolicy and Legislation

New executive order uses stock activity as a "stick" to drive better performance from defense contractors.

On January 8, 2026, the White House released an executive order titled, "Prioritizing Warfighters in Defense Contracting". The message: prioritize production and performance over financial performance...or else.

The "or else" is an interesting and legally dubious approach: prohibiting defense contractors from stock buybacks and corporate distributions during periods of "underperformance" (not defined in the order).

This overview provides more background on the provisions of the order, contractor implications and some strategic recommendations. For a quick overview, check out this article by FMA analyst Alex Rossino.