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Recent Executive Orders’ Potential Impact on Private Employers

Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more

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

‎90-Day Stay Requested in Mid-America Milling Co. v. U.S. DOT

The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Trump Administration Seeks to “Unleash” Alaska’s “Extraordinary Resource Potential” ‎Through Directives to the ‎BLM

On the President’s first day in office, January 20, the White House released Executive Order 14153, titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The Alaska EO states that: The State of...more

The Alaska Executive Order: What It Means for Energy, Tribes, and Federal Lands‎

On January 20, President Trump issued an executive order titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The order reverses decisions by the Biden administration to limit energy resource...more

HUBZone Final Rule: HUBZone Employee Eligibility

On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopted many of the changes SBA...more

New Executive Orders Banning DEI Initiatives Spur DBE Contractors to Take ‎Action Into Their Own Hands

Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more

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

Maintaining HUBZone Certification and Eligibility Requirements for HUBZone-‎Specific Contract Awards

On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopted many of the changes SBA...more

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

HUBZone Final Rule: HUBZone Certification and Eligibility

On December 17, the U.S. Small Business Administration issued a final rule that made significant changes to the SBA’s HUBZone small business contracting program. The final rule generally adopts many of the changes that SBA...more

SBA Proposes Faster Payments and Simplified Reporting

On December 19, the Small Business Administration published proposed amendments to 13 CFR § 125.3 that would affect small business subcontracting. Their goal is to accelerate payments to small business subcontractors and...more

SBA Finalizes Rule Changing 8(a) and HUBZone Programs

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

Proposed Rule Targets Heavily-Used FAR Thresholds Amid Rising Inflation

On November 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a proposed rule that would amend the Federal Acquisition Regulation (FAR) to adjust...more

Alaska Court Grants Intervenors Entry in Public Lands Rule Case

We have previously discussed the State of Alaska’s challenge to the Bureau of Land Management’s Conservation and Landscape Health Rule, also known as the “Public Lands Rule.” Seeking to defend the rule, which treats...more

Corporate Transparency Act 2024 Year-End – What You Should Know

The Corporate Transparency Act (“CTA”), which affects many small and medium-sized businesses across the United States, went into effect on January 1, 2024. For entities subject to the CTA, reports including information about...more

Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide

On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more

DoD Contractors: It’s Go Time for CMMC

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

Final Rule on Affiliate Past Performance

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

SAM Registration Lapses No Longer Fatal to Contract Awards

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

New Challenges to the Indian Child Welfare Act Could Mark A Turning ‎Point for Federal Indian Legislation

Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more

Mid-America Milling v. DOT: Legal Implications for the Disadvantaged Business Enterprise ‎Program

In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more

SBA’s Rule-of-Two Proposal Targets Increased Small-Business Set-Asides

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

Alaska Challenges BLM’s New Public Lands Rule in Court

Under the Bureau of Land Management’s recently promulgated Conservation and Landscape Health Rule, 43 C.F.R. §§ 6100-6103.2, the BLM must seek to achieve “ecosystem resilience,” which encapsulates an ecosystem’s ability to...more

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