News & Analysis as of September 18, 2024

National Defense Authorization Act › Prime Contractor

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The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds. less -

SBA Final Rule Eliminates Self-Certification for Service-Disabled Veteran-Owned Small Businesses

Bass, Berry & Sims PLC on 6/14/2024

On June 6, the Small Business Administration (SBA) issued a final rule that, effective August 5, 2024, implements a provision of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA), which eliminates the...more

SBA Announces Final Rule Eliminating Self-Certification for SDVOSBs

Holland & Knight LLP on 6/13/2024

The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts...more

SBA Takes Final Step Towards Eliminating SDVOSB Self-Certification

Pillsbury Winthrop Shaw Pittman LLP on 6/13/2024

The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more

The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

Troutman Pepper on 4/10/2024

On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out...more

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

Holland & Knight LLP on 11/7/2023

The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...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

NDAA Section 822 – Contractors Should Act Now to Seek Relief

Bradley Arant Boult Cummings LLP on 3/9/2023

On December 23, 2022, President Joseph R. Biden signed into law the 2023 National Defense Authorization Act (NDAA) as Public Law No. 117-7776, which included Section 822: “Modification of Contracts to Provide Extraordinary...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

2023 NDAA Tightens Controls on Chinese Semiconductors in Government Contractor Supply Chains

Holland & Knight LLP on 12/27/2022

President Joe Biden signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA or Defense Bill) on Dec. 23, 2022. The Defense Bill, which passed the U.S. House of Representatives on...more

SBA Proposed Rule Would Permit Contractors to Receive Subcontracting Credit at Any Tier

Schwabe, Williamson & Wyatt PC on 12/22/2022

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that, if enacted, will permit prime contractors to receive small-business subcontracting credit for subcontracts at any tier. The...more

Inflation Relief on Its Way for Government Contractors?

Bass, Berry & Sims PLC on 12/20/2022

Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate...more

New Small Business Tools from the National Defense Authorization Act

Schwabe, Williamson & Wyatt PC on 7/29/2022

New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that...more

New Small Business Regulation: Reliance On Past Performance Gained As A Subcontractor Or Joint Venture Member

Morrison & Foerster LLP - Government... on 7/27/2022

The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go...more

2021 NDAA Provides Increased Opportunities for Small Businesses to Establish Past Performance

Davis Wright Tremaine LLP on 12/22/2020

The 2021 National Defense Authorization Act (NDAA) includes a significant change to how small businesses may establish past performance when bidding for prime contracts, greatly increasing the opportunity for small businesses...more

Section 889(a)(1)(B): Five Things to Know About the Interim Rule and a Roadmap for Compliance

Akin Gump Strauss Hauer & Feld LLP on 8/5/2020

- Akin Gump is hosting a Webinar tomorrow, August 6, 2020, at 12:00 p.m. (EST) to discuss Section 889, the implementing regulations, and the grant and loan restrictions also effective August 13, 2020. - On July 14, 2020,...more

New Rule Expands US Government Contracting Ban on Targeted Chinese Telecommunications

WilmerHale on 7/21/2020

Beginning on August 13, U.S. federal government agencies will be prohibited from issuing new contracts or extending or renewing existing contracts to entities that use certain telecommunications and video surveillance...more

Why the Health Care Industry Should Be Concerned About Section 889 of the 2019 National Defense Authorization Act

Sheppard Mullin Richter & Hampton LLP on 1/31/2020

On August 13, 2018, President Trump signed into law the National Defense Authorization Act (NDAA) of 2019. While the annual NDAAs are tracked, analyzed, and picked apart with great care by the federal contracting community,...more

Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR

PilieroMazza PLLC on 6/28/2019

The FAR Council is beginning to catch up with the SBA’s allowance that prime contractors with small business subcontracting plans may take credit for lower-tier small business subcontracting—albeit, three years behind...more

What Will Happen to the DoD's Mentor-Protégé Program?

PilieroMazza PLLC on 6/13/2019

As many of our clients know, there are several mentor-protégé programs run either by the SBA or specific agencies that are intended to help small businesses develop and enhance their ability to serve as a prime contractor or...more

TINA and CAS Thresholds to Increase Significantly Effective July 1, 2018

Bradley Arant Boult Cummings LLP on 6/25/2018

Effective July 1, 2018, the threshold under the Truthful Cost or Pricing Data Act (still commonly referred to by its former name, the Truth in Negotiations Act (or TINA)) for contractors to submit to the government certified...more

Take Note of This Law Regarding Small Business Offerors Under Multiple Award Contracts

PilieroMazza PLLC on 10/17/2016

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2016, which went into effect on November 25, 2015, contains some requirements regarding multiple award contracts that you might not know about. The 2016 NDAA...more

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National Defense Authorization Act › Prime Contractor

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