News & Analysis as of August 3, 2025

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 -

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

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

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

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

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

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

Morrison & Foerster LLP - Government... on 1/23/2025

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

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

PilieroMazza PLLC on 1/17/2025

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

SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business...

PilieroMazza PLLC on 1/8/2025

Join PilieroMazza’s Meghan Leemon as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on...more

SBA Proposed Rule’s Potential Adverse Impacts on Small Business IT Value-Added Resellers

PilieroMazza PLLC on 9/27/2024

In August, SBA proposed new rules on a wide range of topics. Some of the proposed rules, like the significant changes to the recertification rules that we blogged about, have been getting most of the headlines so far. The...more

Weekly Update for Government Contractors and Commercial Businesses – June 2024 #3

PilieroMazza PLLC on 6/21/2024

Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe) As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed....more

SBA Proposed Rule and its Impact on Alaska Native Corporations

Schwabe, Williamson & Wyatt PC on 6/12/2024

The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

PilieroMazza PLLC on 4/30/2024

In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

Coming Soon: Long-Awaited Updates to FAR Small Business Rules

Davis Wright Tremaine LLP on 4/2/2024

After several years of disjointed regulations between the Small Business Administration ("SBA") and the Federal Acquisition Regulation ("FAR") related to the limitations on subcontracting, revised FAR regulations are on the...more

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals

PilieroMazza PLLC on 3/18/2024

After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners must complete. In deals involving government contractors, two of these requirements are...more

Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process

PilieroMazza PLLC on 1/29/2024

The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business government contractors seeking a transformative approach to financing and growth. This third blog in the series...more

FY 2024 Defense Act: GHG Emissions, Subcontracting, and AI Considerations for US Government Contractors

Morgan Lewis on 1/2/2024

US President Joseph Biden recently signed the National Defense Authorization Act for Fiscal Year 2024 into law. Implications for government contractors range from new restrictions on greenhouse gas emissions certifications to...more

Protecting Our Nation’s Data, Part 2: Implementing Cyber Threat Incident Reporting and Information Sharing

PilieroMazza PLLC on 11/8/2023

In October 2023, the federal government released a Proposed Rule aimed at incorporating new cybersecurity reporting requirements into the Federal Acquisition Regulation (FAR). In this second installment of PilieroMazza’s...more

Weekly Update for Government Contractors and Commercial Businesses – October 2023 #3

PilieroMazza PLLC on 10/19/2023

Department of Defense (DOD) Notice and Request for Comments: Negotiation of a Reciprocal Defense Procurement (RDP) Agreement with the Republic of India - On October 10, 2023, DOD issued a notice that, on behalf of the...more

SBA Updates Its Regulations On Lower-Tier Small Business Subcontracting Credit

Morrison & Foerster LLP - Government... on 10/16/2023

The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more

Weekly Update for Government Contractors and Commercial Businesses – August 2023

PilieroMazza PLLC on 8/4/2023

Federal Acquisition Regulation (FAR): Sustainable Procurement, Case 2022-06 - Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing to amend the FAR to...more

Weekly Update for Government Contractors and Commercial Businesses – June 2023 #3

PilieroMazza PLLC on 6/19/2023

Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041), Department of Defense (DOD), Proposed Rule - DOD is amending an interim rule to implement the Cybersecurity Maturity Model...more

Federal Drive with Tom Temin Interviews PilieroMazza’s Kevin Barnett on DOD Rule Updating SPRS Assessment Process for Federal...

PilieroMazza PLLC on 6/19/2023

The Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) requiring Contracting Officers to use Supplier Performance Risk System (SPRS) assessments when...more

Back To The Drawing Board: FAR Councils Withdraw Long-Delayed Proposed Rule For Lower-Tier Small Business Subcontracting Credit

Morrison & Foerster LLP - Government... on 4/3/2023

Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive...more

Weekly Update for Government Contractors and Commercial Businesses – March 2023 #2

PilieroMazza PLLC on 3/13/2023

LITIGATION & DISPUTE RESOLUTION - The FCA at the Supreme Court, Part 2 of 4: Addressing the Standard for Knowingly Submitting a False Claim - The False Claims Act (FCA) is seeing quite a bit of action at the Supreme...more

SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier

Bass, Berry & Sims PLC on 3/7/2023

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870...more

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