On January 1, 2024 the Corporate Transparency Act (“CTA”) goes into effect. The CTA is broad and is intended to cover many businesses, including tribal businesses.
The CTA was enacted to prevent and combat money...more
On Thursday, July 20, 2023, the United States District Court for the Eastern District of Tennessee issued an order in Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041, finding that the rebuttable presumption (legal...more
7/25/2023
/ 8(a) Program ,
Equal Protection ,
Haaland v Brackeen ,
Indian Child Welfare Act of 1978 (ICWA) ,
Race Discrimination ,
Racial Bias ,
Rebuttable Presumptions ,
SBA ,
SCOTUS ,
Small Business ,
Tribal Corporations
On Wednesday, July 19, 2023, the Small Business Administration (“SBA”) published a final rule permanently adopting a 13.65 percent (13.65%) increase in the monetary-based size standards for SBA small business programs. The...more
The Department of Defense, General Services Administration, and NASA have issued a new interim rule, FAR 52.204–27, implementing Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the...more
7/12/2023
/ Compliance ,
Consolidated Appropriations Act (CAA) ,
Department of Defense (DOD) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Interim Rule ,
Mobile Apps ,
Mobile Devices ,
NASA ,
New Regulations ,
TikTok
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more
6/23/2023
/ COFC ,
Contract Disputes ,
Department of Health and Human Services (HHS) ,
Failure to Comply ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Preliminary Injunctions ,
Registration Requirement ,
SAM ,
SBA ,
Solicitation
On January 25, 2021, President Biden issued Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more
6/9/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Medicaid ,
Medicare ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Reimbursements ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
In March of 2023, Christian Bruckner, Jeffrey Nuziard, and Matthew Piper filed a lawsuit in the U.S. District Court for the Northern District of Texas (Fort Worth Division), Jeffery Nuziard, et. al. v. Minority Business...more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
6/5/2023
/ 8(a) Program ,
Business Development ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
WOSB
On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more
6/1/2023
/ 8(a) Program ,
Bid Protests ,
Construction Contracts ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
NAICS ,
New Rules ,
Prime Contractor ,
Regulatory Standards ,
SBA ,
Small Business ,
Subcontractors ,
Women-Owned Businesses
In 2022, Christian Bruckner and his company, Project Management Corporation, sued the federal government in the U.S. District Court for the Middle District of Florida (Tampa Division). The plaintiffs claimed that the...more
May 10, 2023 Shareholder On May 5, 2023, the Environmental Protection Agency (EPA) announced a new funding program to assist Alaska Native entities to address and remediate contaminated lands in Alaska....more
On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more
May 1, 2023 Shareholder Associate As Alaska Native Corporations start preparing for annual meetings held in summer and fall, ANCs may note that Alaska law gives them the opportunity to reduce costs by mailing a single set of...more
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
5/3/2023
/ 8(a) Program ,
Business Ownership ,
Final Rules ,
HUBZone ,
Prime Contractor ,
Principal Place of Business ,
Proposed Amendments ,
Proposed Rules ,
SBA ,
Small Business ,
Subcontractors
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
On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees...more
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
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
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
2/23/2023
/ Accelerated Payments ,
Amended Regulation ,
Contractors ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
SBA ,
Small Business ,
Subcontractors
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
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
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