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
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
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
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
8/26/2024
/ 8(a) Program ,
Comment Period ,
Deadlines ,
Federal Contractors ,
HUBZone ,
Mentor-Protege Program ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Requirements ,
SBA ,
Small Business
For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...more
7/9/2024
/ 8(a) Program ,
Administrative Procedure Act ,
Alaska ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Indian Gaming Regulation Act ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Small Business ,
Statutory Interpretation ,
Tribal Governments
June 14, 2024 Industry Group Leader On June 11, the Small Business Administration announced that it was extending the moratorium on the application of the bona fide place of business rule for 8(a) construction contracts to...more
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more
6/12/2024
/ Alaska ,
Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Mentor-Protege Program ,
Proposed Rules ,
Puerto Rico ,
SBA ,
Small Business ,
Subcontractors ,
Tribal Corporations
Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more
As we come to the end of 2023, I wanted to take the opportunity to summarize the status of the various legal challenges on issues that are relevant to small business contractors.
Ultima Services Corp. v. U.S. Dept. of...more
The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business...more
On December 1, 2023, Chairman of the U.S. House Committee on Small Business, Roger Williams, a Member of Congress from Texas, issued a letter to the Small Business Administration to request information regarding the SBA’s...more
On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky.
Raising the...more
Karthik Consulting, LLC v. United States, Case No. 23-944, a recent Court of Federal Claims case, identifies an essential nuance in determining the eligibility of contractors who have graduated from the Small Business...more
11/1/2023
/ 8(a) Program ,
Construction Litigation ,
Court of Federal Claims ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
MACs ,
SBA ,
SBA Lending Programs ,
Small Business ,
Solicitation ,
USCIS
On Friday, October 6, 2023, Ultima Services Corporation filed a reply brief in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, which continued to argue for an injunction against the award...more
On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...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
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