News & Analysis as of August 19, 2025

Small Business Administration › Federal Acquisition Regulations (FAR)

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The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -

What Federal Contractors and Grant Recipients Should Know About DOJ’s Unlawful Discrimination Guidance

Fox Rothschild LLP on 8/18/2025

On July 29, 2025, US Attorney General Bondi issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memo). The Memo follows multiple executive...more

Weekly Update for Government Contractors and Commercial Businesses – August 2025

PilieroMazza PLLC on 8/8/2025

Government Accountability Office (GAO) Report: Whistleblowers, VA Should Assess Data and Monitor Settlement Agreements to Better Ensure Protections - On July 31, GAO released a report reviewing the characteristics of VA...more

Small Business Alert – Possible End for the Rule of Two?

Bass, Berry & Sims PLC on 7/30/2025

The federal government’s commitment to supporting small businesses through procurement remains strong, but the shape and scale of that support may soon look very different. In accordance with recent executive orders, sweeping...more

FAR Part 6 Rewrite: What It Means for Small Business Set-Asides, Socioeconomic Programs, and the Rule of Two

PilieroMazza PLLC on 7/28/2025

The recent rewrite of the Federal Acquisition Regulation (FAR) Part 6—governing “Competition Requirements”—is prompting questions about whether the changes may signal a shift in federal small business contracting policy. In...more

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

PilieroMazza PLLC on 7/22/2025

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

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

Bass, Berry & Sims PLC on 7/1/2025

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

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

Bass, Berry & Sims PLC on 6/26/2025

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

The Future of Small Business in Federal Contracting

Husch Blackwell LLP on 6/26/2025

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

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

Pillsbury - Bid Protest Debrief on 6/19/2025

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

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

Bradley Arant Boult Cummings LLP on 6/13/2025

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

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

PilieroMazza PLLC on 6/13/2025

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

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

PilieroMazza PLLC on 6/6/2025

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

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani on 5/30/2025

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

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

Bradley Arant Boult Cummings LLP on 5/28/2025

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

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

Gordon Rees Scully Mansukhani on 5/23/2025

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

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

PilieroMazza PLLC on 5/23/2025

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

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

Bradley Arant Boult Cummings LLP on 5/22/2025

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

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

Schwabe, Williamson & Wyatt PC on 5/14/2025

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

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

Bradley Arant Boult Cummings LLP on 5/8/2025

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

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

PilieroMazza PLLC on 4/4/2025

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

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

Bass, Berry & Sims PLC on 3/21/2025

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

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

Bass, Berry & Sims PLC on 3/21/2025

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

Federal Government Small Business Contracting Goals

Schwabe, Williamson & Wyatt PC on 2/17/2025

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

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

Akerman LLP on 2/14/2025

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

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

Schwabe, Williamson & Wyatt PC on 1/29/2025

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

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Small Business Administration › Federal Acquisition Regulations (FAR)

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