The General Services Administration (GSA) has released a series of legislative proposals that have been transmitted to Congress as part of the revision and rewrite of the Federal Acquisition Regulations. The intent of the...more
On July 9, 2025, the Department of Defense (“DoD”) issued a public notice requesting comments on how to strengthen the role of small businesses in the defense industrial base. The deadline for comments is August 8, 2025....more
On July 1, 2025, the DOL published two separate proposed rules that would affect federal contractors’ obligations to have affirmative action plans for individuals with disabilities, as well as minorities and women....more
On June 27, 2025, the Administrator of the Small Business Administration (“SBA”), Kelly Loeffler, announced that she is directing an “immediate and full-scale audit of the agency’s 8(a) Business Development Program.”...more
On Friday, June 13, 2025, the Small Business Administration (“SBA”) held a Tribal Consultation in Anchorage, Alaska. The SBA’s stated purpose for the consultation was to solicit comments and testimony from Alaska Native...more
On May 22, 2025, the United States Supreme Court released its opinion in Kousisis v. United States. The Kousisis opinion resolved a split of the federal circuits by finding that proof of economic loss by the government is not...more
On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more
5/29/2025
/ Constitutional Challenges ,
DBE Program ,
Department of Transportation (DOT) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Motion To Intervene ,
Preliminary Injunctions ,
Trump Administration
On April 9, 2025, the Center for Indian Country Development published an interesting report on the impact of contract consolidation/bundling by the federal government on Native-owned government contractors.
In Executive...more
On April 15, President Trump issued two new executive orders that will have a direct impact on federal contractors:
- Restoring Common Sense To Federal Procurement directs federal agencies to eliminate from the FAR any...more
4/17/2025
/ Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
OMB ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Small Business ,
Trump Administration
On March 14, President Trump issued a new Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions.” In this order, the President rescinded eighteen prior Executive Orders or presidential...more
On February 21, Judge Adam B. Abelson of the United States District Court for the District of Maryland issued a preliminary injunction that temporarily bars the Trump administration from implementing major portions of two...more
3/4/2025
/ Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Free Speech ,
Maryland ,
Popular ,
Preliminary Injunctions ,
State and Local Government ,
Trump Administration
Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more
2/18/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Compliance ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
State Attorneys General ,
Trump Administration
Federal government agencies propound small business contracting goals that guide other agencies with regard to how much of their contracting dollars should be awarded to small businesses. The SBA conducts an annual review and...more
The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more
On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more
2/7/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Injunctions ,
Minimum Wage ,
SCOTUS ,
Texas ,
Trump Administration ,
Wage and Hour
On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopted many of the changes SBA...more
1/30/2025
/ Amended Rules ,
Compliance ,
Eligibility Determination ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Regulatory Requirements ,
SBA ,
Small Business
Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more
On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.”
The order states that it ends “all discriminatory and illegal preferences,...more
1/29/2025
/ 8(a) Program ,
Affirmative Action ,
Alaska ,
DBE Program ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OFCCP ,
Rule of Two ,
SBA ,
Small Business ,
Subcontracts ,
Tribal Corporations ,
Trump Administration
On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopted many of the changes SBA...more
On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more
1/22/2025
/ Administrative Procedure Act ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
State and Local Government
On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopts many of the changes that SBA...more
On December 19, the Small Business Administration published proposed amendments to 13 CFR § 125.3 that would affect small business subcontracting. Their goal is to accelerate payments to small business subcontractors and...more
On December 17, the Small Business Administration issued a final rule that makes significant changes to the agency’s small business 8(a) and HUBZone programs. These generally extend the changes the SBA initially proposed in...more
12/24/2024
/ 8(a) Program ,
Business Development ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
SDVO ,
Small Business ,
WOSB
On December 16, the U.S. Department of Defense’s Cybersecurity Maturity Model Certification Program (CMMC) final rule (the “CMMC Program Rule”) will become effective, to codify the CMMC requirements and assessment processes....more
11/19/2024
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Final Rules ,
New Rules ,
NIST ,
Regulatory Agenda ,
Regulatory Requirements ,
Third Party Assessment Organization (3PAO)
The Department of Defense finally issued its rule to implement Section 865 of the National Defense Authorization Act (NDAA) for fiscal year 2024 (Pub. L. 118-31). The act required the DoD to issue a regulation by July 2024...more