News & Analysis as of

Federal Acquisition Regulations (FAR) Small Business Administration

PilieroMazza PLLC

A True Path to Making America Great: Supporting Small Businesses and the Rule of Two

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Recently, there has been a good deal of speculation about whether the so-called “Rule of Two” will continue to exist after the Federal Acquisition Regulation (FAR) overhaul that is currently ongoing. Specifically, whether FAR...more

Bass, Berry & Sims PLC

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC...more

Bass, Berry & Sims PLC

Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility

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The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture...more

Husch Blackwell LLP

The Future of Small Business in Federal Contracting

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For over 60 years, the Small Business Administration has celebrated Small Business Week to highlight the contributions of small and medium-sized businesses to the national economy. The Trump Administration marked this year’s...more

Pillsbury - Bid Protest Debrief

COFC Warns: Protesters Must Prove Capability, Not Just Claim It

In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program,...more

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025 #2

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Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination - The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a...more

PilieroMazza PLLC

Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination

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The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a previous Client Alert by Sam Finnerty, the Federal Acquisition Regulation (FAR) has not been...more

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Bradley Arant Boult Cummings LLP

A Legal Guide to the SBA’s Mentor-Protégé Program for Small Businesses

Small businesses are the backbone of the U.S. economy, and the federal government offers a range of programs to support their growth — particularly in the realm of government contracting. One of the most strategic tools...more

Gordon Rees Scully Mansukhani

The End of DEI Programs in Federal Contracting: Legal Implications for Government Contractors

On January 21, 2025, the U.S. Office of Personnel Management (OPM) issued initial guidance to implement the Executive Order Ending Radical and Wasteful Government DEI Programs. ...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2025 #4

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Federal Acquisition Regulation (FAR) Final Rule: List of Domestically Nonavailable Articles - On May 12, the General Services Administration (GSA), Office of Federal Procurement Policy (OFPP), Department of Defense (DOD),...more

Bradley Arant Boult Cummings LLP

Understanding Small Business Size and Status Protests and Appeals: A Guide for Government Contractors

In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties,...more

Schwabe, Williamson & Wyatt PC

Anchorage Hosts SBA Tribal Meeting to Discuss 8(a) Program Efficiency

On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following: 1. How the 8(a)...more

Bradley Arant Boult Cummings LLP

How to Become a U.S. Government Contractor: A Legal Guide to the Basics

For many businesses, contracting with the U.S. government represents a significant opportunity for stable and often long-term revenue. However, doing business with the federal government comes with unique requirements,...more

PilieroMazza PLLC

OHA Confirms: SBA Must Consider Operating Agreements in Joint Venture Size Determinations

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A recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in the Size Appeal of DecisionPoint-Agile Defense JV, LLC, SIZ-6336 (Feb. 12, 2025) highlights the critical role of a thorough SBA...more

Bass, Berry & Sims PLC

Small Business Size Protest Minute: The Ostensible Subcontractor Exception that (Almost) Swallowed the Rule

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As many of our readers know, the ostensible subcontractor rule is one way in which the Small Business Administration (SBA) can find affiliation between a small business and one of its subcontractors, potentially resulting in...more

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

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On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Schwabe, Williamson & Wyatt PC

Federal Government Small Business Contracting Goals

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

Akerman LLP

How SBA’s New Rule Will Affect a Small Government Contractor’s Projected Set-Aside Work Following “Disqualifying” M&A Activity

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The Small Business Administration’s (SBA) final rule, which amends numerous requirements concerning small business contracting policies (the Final Rule), went into effect on January 16, 2025. The Final Rule will significantly...more

Schwabe, Williamson & Wyatt PC

Potential Impacts of Trump’s DEI Executive Order on SBAs, Alaska Native Corporations, ‎and Tribes

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

Venable LLP

SBA Final Rule Changes M&A Landscape for Multiple Award Contracts

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Effective January 16, 2025, the Small Business Administration (SBA) issued a final rule intended to close what SBA considered to be a long-standing loophole in its size recertification rules that allowed a large business to...more

Morrison & Foerster LLP - Government...

Changes to SBA’s Mentor-Protégé and Joint Venture Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2025 #3

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SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program - As PilieroMazza noted on December 17, 2024, the Small Business Administration (SBA or the Agency) published a...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

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