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
As we have previously discussed, businesses that contract with the U.S. government must maintain System of Award Management registration to be eligible for contract awards. We have also discussed the requirement that SAM...more
On October 25, the Small Business Administration proposed a rule intended to increase small business participation in multiple-award contracts. The rule would apply the “Rule of Two” to task and delivery orders issued under...more
As we have previously discussed, government contractors generally must maintain System of Award Management (SAM) registration from the time the contractor makes an offer or quotation, at the time of the award, during...more
The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more
As we have previously discussed, a case filed in the Federal District Court for the Eastern District of Kentucky, Mid-America Milling Company, LLC, et. al. v. U.S. Department of Transportation, et. al., Case No. 3:23-cv-72,...more
On Friday, August 23, the Small Business Administration issued a proposed rule that would make significant changes to the SBA’s HUBZone small business contracting program, as well as modifications to other small business...more
8/26/2024
/ 8(a) Program ,
Comment Period ,
Deadlines ,
Federal Contractors ,
HUBZone ,
Mentor-Protege Program ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Requirements ,
SBA ,
Small Business
The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Davis-Bacon Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SBA ,
SCOTUS ,
Service Contract Act ,
Statutory Interpretation
On Tuesday, June 18, the Office of Federal Procurement Policy issued a notice to request public comment on whether and how to amend the Cost Accounting Standards Board’s rules that govern the application of Cost Accounting...more
The U.S. Department of Defense recently issued its 2024 Defense Industrial Base (“DIB”) Cybersecurity Strategy. The purpose is to provide actionable items that both the DoD and defense contractors can use. In implementing the...more
On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more
3/18/2024
/ 8(a) Program ,
Business Development ,
Commercial Litigation ,
Constitutional Challenges ,
Eligibility ,
Equal Protection ,
Ethnicity ,
Federal Contractors ,
Minority-Owned Businesses ,
Preliminary Injunctions ,
SBA
On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more
On December 26, the Department of Defense issued its proposed rule for the Cybersecurity Maturity Model Certification (CMMC) 2.0 program, which covers federal contracts (including defense contracts) and, by extension,...more
Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more
Comments on the proposed rule are due by April 1, 2024.
On January 30, the Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of Federal Procurement Policy...more
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
As we come to the end of 2023, I wanted to take the opportunity to summarize the status of the various legal challenges on issues that are relevant to small business contractors.
Ultima Services Corp. v. U.S. Dept. of...more
The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business...more
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky.
Raising the...more
In August, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931,...more
On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more
11/10/2023
/ Construction Industry ,
Construction Workers ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Labor Reform ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Reform ,
Subcontractors ,
Wage and Hour
This is an advisory update of key responsibilities for contractors under a proposed new Federal Acquisition Regulation (FAR) rule that standardizes cybersecurity requirements for a Federal Information System (FIS). The...more