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Summary of New Changes to the SBA’s 8(a) Regulations

The final rule is currently scheduled to go into effect on May 27, 2023 On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program....more

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

FTC Announced New Extension Date for Commentary on Proposed Rule Barring Non-‎Competes

On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees...more

Case Challenging Political Classification of Natives Dismissed

There has been a recent decision on an interesting case involving a challenge to the ability of the federal government to provide benefits or rights to Tribes and other Native organizations....more

Important Changes to Management of SAM.Gov Registrations ‎

The System for Award Management (SAM.gov) is an official website of the U.S. government that federal contractors must use to register to do business with the federal government, including updating and maintaining their entity...more

DOD, GSA, and NASA Update FAR to Provide for Accelerated Payments to Small Businesses and to Conform to SBA Regulations

In the past week, there were several important updates made to the Federal Acquisition Regulations by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space...more

Update: FTC Publishes Proposed Rule Barring Non-Compete Agreements

On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more

Update on Challenge to the Constitutionality of the SBA 8(a) Program

In Ultima Services Corporation v. U.S. Department of Agriculture et al., Case No. 2:20-CV-‎‎00041, Ultima Services Corporation filed suit in the U.S. District Court for the Eastern District of ‎Tennessee (Greenville Division)...more

Legal Challenge To Federal Contractor Minimum Wage Increase Rejected

In 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing...more

FTC Proposes Regulations Barring Non-Compete Agreements

On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more

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

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

Agencies Issue Notice of Proposed Regulations Amending FAR

On October 15, 2020, the U.S. Small Business Administration (SBA) issued a final rule making changes to the SBA’s 8(a) program regulations “to more clearly articulate SBA’s intent with regard to certain aspects of the 8(a)...more

New Federal Acquisition Regulation: Effective Communication Between Government and Industry

On December 1, 2022, the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration (NASA) issued a final rule amending the Federal Acquisition Regulation (FAR) to...more

Supplemental Briefing Filed in Bruckner Case

As previously discussed, the federal district court deciding Christian Bruckner’s lawsuit to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small...more

Further Briefing Requested Regarding Scope of Bruckner’s Challenge

As we discussed in prior updates, on July 13, 2022, Christian Bruckner filed a lawsuit in the federal district court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around...more

DOD Issues Final Rule on SBA Joint Venture Eligibility ‎

On October 28, 2022, the Department of Defense’s amendments to FAR 52.212-3 and FAR 52.219-1 became effective. These changes amended the Federal Acquisition Regulations to be in line with prior changes by the SBA to its...more

Federal Proposals for Greenhouse Gas Emissions ‎

On May 20, 2021, President Biden issued Executive Order 14030, Climate-Related Financial Risk, which directed the implementation of policies that would “advance consistent, clear, intelligible, comparable, and accurate...more

SBA Adjusts Standards and Thresholds for EDWOSB and 8(a) Business Development Programs

Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim...more

Indian Child Welfare Act Goes Before Supreme Court ‎

On Wednesday, November 9, 2022, the U.S. Supreme Court held a three-hour oral argument in the Brackeen v. Haaland case. Brackeen involves constitutional challenges to the federal Indian Child Welfare Act of 1978 (ICWA) that...more

DoD Issues Final Rule on Defense Federal Acquisition Regulation Supplement

Summary: On October 28, 2022, the Department of Defense (DoD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement by prohibiting the award of any DoD contract to entities that require their...more

Safer Federal Workforce Task Force Issues New Statement on Vaccine Mandate

On December 7, 2021, in Georgia v. Biden, Case No. 1:21-cv-163, a federal district court judge in the U.S. District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the...more

White House Releases National Strategy for the Arctic Region

On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government’s approach to the northernmost region, which is under intergovernmental purview...more

SBA Issues Final Rule on 2022 NAICS Code Update

On September 29, 2022, the U.S. Small Business Administration (SBA) issued a final rule amending its small-business size regulations to incorporate the U.S. Office of Management and Budget’s (OMB) North American Industry...more

SBA Decision Not to Impose a Community Benefit Plan Requirement

On October 5, 2022, during the Tribal Consultation session in Washington, D.C., the Small Business Administration stated that it will not pursue its attempt to impose a Community Benefit Plan requirement on Alaska Native...more

Minimum Wage Increase for Federal Government Contractors Due to Inflation

In April of 2021, President Biden issued Executive Order 14026, which increased the minimum wage for employees of federal government contractors to $15. The Executive Order provided that this minimum wage would be adjusted to...more

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