Ultima Services Corp. v. U.S. Dept. of Agriculture -
September 19, 2023 Ultima Services Corp. v. U.S. Dept. of Agriculture Shareholder On Friday, September 15, 2023, Ultima Services Corporation (“Ultima”) filed a motion...more
On September 1, 2023, the U.S. District Court for the Eastern District of Tennessee issued an order in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, as a result of the status hearing...more
On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more
August 29, 2023 Shareholder The Department of Defense (“DoD”), Civilian Agency Acquisition Counsel, and the Government Services Administration (“GSA”) have issued class deviations addressing the Small Business...more
There were two important announcements from the Small Business Administration (“SBA”) on Monday, August 21, 2023:
- The SBA is extending the moratorium on the application of the bona fide place of business rule for 8(a)...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
8/23/2023
/ 8(a) Program ,
EDWOSB ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Multiple Award Contracts ,
NAICS ,
New Rules ,
SBA ,
Small Business ,
Veterans ,
Women-Owned Businesses ,
WOSB
The decision in United States ex. rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., Case No. 1:19-cv-1861 (“Bid Solve”), is an interesting and helpful case because it provides a reminder that while tax returns can be used...more
On July 27, 2023, the United States Senate passed its version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024 (S.2226), setting the stage for negotiation with the House of Representatives over the...more
Over the past forty years, federal government contracting has cemented its status as one of the primary drivers of the Alaska economy. Alaska Business’ annual Top 49ers routinely showcases businesses for whom federal...more
8/7/2023
/ Alaska ,
Cybersecurity ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Minimum Wage ,
Minority-Owned Businesses ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Race Discrimination ,
SBA ,
Small Business
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more
8/3/2023
/ 8(a) Program ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Indian Gaming ,
Mentor-Protege Program ,
Minimum Wage ,
Minority-Owned Businesses ,
SBA ,
Small Business ,
Tribal Governments
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
8/2/2023
/ 8(a) Program ,
Bid Protests ,
Federal Contractors ,
Joint Venture ,
Mentor-Protege Program ,
New Regulations ,
New Rules ,
Procurement Guidelines ,
Regulatory Requirements ,
SBA ,
Small Business ,
Subcontractors ,
Subcontracts
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
7/28/2023
/ 8(a) Program ,
Business Development ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
SDVO ,
Set-Aside Contracts ,
Small Business ,
WOSB
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
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 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
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
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
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
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
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
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