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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

Federal Court Clarifies SAM Registration Requirements

As we have previously discussed, government contractors generally must maintain System of Award Management (SAM) registration from the time the contractor makes an offer or quotation, at the time of the award, during...more

IRS Proposes Amendments for Tribal Welfare Benefits

On September 16, the Internal Revenue Service issued a Notice of proposed rulemaking and notice of public hearing regarding potential amendments to policies that govern which benefits provided by Indian Tribal government...more

Florida Court Upsets Qui Tam Balance in Landmark FCA Ruling

The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more

Unraveling the Latest District Court Decision on DOT’s DBE Program

As we have previously discussed, a case filed in the Federal District Court for the Eastern District of Kentucky, Mid-America Milling Company, LLC, et. al. v. U.S. Department of Transportation, et. al., Case No. 3:23-cv-72,...more

SBA’s Proposed Rule: Recertification of HUBZone Businesses

September 19, 2024 Comments are due by October 7, 2024. Industry Group Leader Associate On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small...more

SBA’s Proposed Rule: All Small Mentor-Protégé Program ‎

On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small business programs, including the 8(a) Program...more

SBA’s Proposed Rule: Affiliation and Negative Control

Comments are due by October 7, 2024. On Friday, August 23, the Small Business Administration issued a proposed rule that would significantly change the SBA’s HUBZone small business contracting program and other small...more

SBA’s Proposed Rule: Impact on HUBZone and 8(a) Programs

On Friday, August 23, the Small Business Administration issued a proposed rule that would make significant changes to the SBA’s HUBZone small business contracting program, as well as modifications to other small business...more

Court Blocks FTC’s Nationwide Ban on Non-Compete Agreements

On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on...more

Future of Non-Compete Agreements Uncertain After July Court Decisions

The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more

Recent Decision Allows Tribes to Recover Healthcare Expenses ‎

In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act (ISDEAA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service...more

Chevron is Gone: How Will the Real Estate and Construction Industry be Impacted?‎

On June 28, 2024, the Supreme Court overruled the Chevron doctrine that had guided courts’ review of agency actions the past 40 years. The Chevron doctrine required courts to defer to a federal agency’s reasonable...more

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