In a memorandum dated January 16, 2026, the Department of Defense (DoD) has directed a department-wide review of every small business set-aside award in excess of $20 million. The Department has also ordered a review of all...more
The Small Business Administration (“SBA”) grace period for implementation of its new recertification regulations ended as of January 17, 2026. As we previously advised, last year SBA substantially rewrote its recertification...more
1/21/2026
/ Acquisitions ,
Bid Protests ,
Change of Ownership ,
Contract Management ,
Federal Contractors ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Government Agencies ,
Mergers ,
Multiple Award Contracts ,
New Regulations ,
Recertification ,
Regulatory Requirements ,
SBA ,
Set-Aside Contracts ,
Set-Asides ,
Small Business
As geopolitical unpredictability continues around the world, what does 2026 have in store for the global private equity (PE) market?
In MoFo’s sixth annual Global PE Trends and Outlook report, our partners review the key...more
1/19/2026
/ Acquisitions ,
Agribusiness ,
Artificial Intelligence ,
Asset Management ,
China ,
Cross-Border Transactions ,
Data Centers ,
Emerging Markets ,
Environmental Social & Governance (ESG) ,
EU ,
Global Dealmaking ,
Global Economy ,
Globalization ,
Greenwashing ,
India ,
Investment ,
Investment Funds ,
Investment Management ,
Investors ,
Japan ,
Latin America ,
Life Sciences ,
Private Equity ,
Private Equity Firms ,
Private Equity Funds ,
Private Funds ,
Sustainability ,
Sustainable Finance ,
UK ,
United States
Last month, the Pentagon announced it would be “Transforming the Defense Acquisition System into the Warfighting Acquisition System to Accelerate Fielding of Urgently Needed Capabilities to Our Warriors.” The proclamation...more
12/10/2025
/ Acquisitions ,
Commercial Contracts ,
Competition ,
Contractors ,
Cost Accounting Standards (CAS) ,
Data Rights ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Innovation ,
Intellectual Property Protection ,
Investors ,
OMB ,
Private Equity Firms ,
Procurement Guidelines ,
Public Procurement Policies ,
Regulatory Reform ,
Venture Capital
As small business provisions disappear from the Federal Acquisition Regulation (“FAR”) (perhaps to be relocated or perhaps to be permanently deleted) and reports of the use of a “Deregulation Tool” at the Small Business...more
9/5/2025
/ Deregulation ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Government Agencies ,
Procurement Guidelines ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
SBA ,
Set-Asides ,
Small Business
As of August 28, 2025, the project to overhaul the Federal Acquisition Regulation (FAR) has finished FAR Parts 1, 4-6, 8-12, 18, 26, 28-31, 33-36, 38-40, 43, 46, 48-51, and various sections of Parts 2 and 52. One can review...more
9/3/2025
/ Bid Protests ,
Contract Management ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Government Agencies ,
Procurement Guidelines ,
Regulatory Reform ,
Rulemaking Process ,
Small Business
The Office of Management and Budget (OMB) has released new guidance in the push to consolidate federal procurement activities. The guidance, which expands on Executive Order 14240, aims to reduce waste and duplication by...more
7/25/2025
/ Biden Administration ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Government Agencies ,
GWACs ,
New Guidance ,
OMB ,
Procurement Guidelines ,
Proposed Rules
Buried toward the bottom of President Trump’s Executive Order, titled “Unleashing American Drone Dominance” (the “Order”), is a mandate to identify military programs made more “efficient or lethal if replaced” by unmanned...more
7/1/2025
/ Defense Contracts ,
Department of Defense (DOD) ,
Drones ,
Executive Orders ,
Export Controls ,
Federal Acquisition Regulations (FAR) ,
Federal Funding ,
National Security ,
NDAA ,
Regulatory Reform ,
Secretary of Transportation ,
Supply Chain ,
Trump Administration ,
Unmanned Aircraft Systems
The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more
6/10/2025
/ Acquisitions ,
Bid Protests ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Funding ,
GAO ,
Government Agencies ,
Intellectual Property Protection ,
SBIRs ,
Small Business ,
Statutory Interpretation ,
STTR ,
Technology Sector
The latest part of the Federal Acquisition Regulation (FAR) to undergo a rewrite is FAR Part 10, which addresses market research for acquisitions. The General Services Administration has already adopted the new Part 10 via...more
5/28/2025
/ Acquisitions ,
Competition ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
Market Research ,
New Guidance ,
New Regulations ,
Procurement Guidelines ,
Regulatory Reform ,
Regulatory Requirements ,
Small Business
At the end of 2024, Senator Roger Wicker (R-MS) published a plan (“Restoring Freedom’s Forge: American Innovation Unleashed”) and introduced a bill (the Fostering Reform and Government Efficiency in Defense Act or FoRGED...more
4/25/2025
/ Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
New Legislation ,
Popular ,
Proposed Legislation ,
Regulatory Reform ,
Supply Chain
The Federal Acquisition Regulation, initially issued on April 1, 1984, appears poised to be rewritten. Several online sources reference a GSA announcement posted on Friday, April 4, that supposedly heralded a bottom-up...more
The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more
2/17/2025
/ Acquisitions ,
Biomedical Advanced Research and Development Authority (BARDA) ,
Contract Terms ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Federal Contractors ,
Government Agencies ,
Intellectual Property Protection ,
NASA ,
National Institute of Health (NIH) ,
National Security ,
Procurement Guidelines ,
Risk Management ,
Trump Administration ,
TSA
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council withdrew a proposed rule that would have banned federal contractors and subcontractors from seeking or...more
1/10/2025
/ Compensation & Benefits ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
OFPP ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Rules ,
Reporting Requirements ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more
1/8/2025
/ Bid Protests ,
Competition ,
Compliance ,
Contract Terms ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Government Agencies ,
HUBZone ,
Procurement Guidelines ,
Protests ,
Recertification ,
Regulatory Requirements ,
Rulemaking Process ,
SBA ,
Set-Asides ,
Small Business
Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more
In a lengthy and complex effort, the U.S. Small Business Administration (SBA) issued a final rule on December 17, 2024, that amended many requirements related to small business contracting. As with most rules, there are some...more
12/19/2024
/ BPA ,
Buyers ,
Federal Contractors ,
General Services Administration (GSA) ,
Investment ,
Minority Shareholders ,
Recertification ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Shareholders ,
Small Business ,
Women-Owned Businesses
Nearly a year ago, the National Defense Authorization Act for Fiscal Year 2024 directed the Department of Defense (DOD) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) no later than July 1, 2024, “to...more
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. ...more
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...more
Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal...more
The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the...more
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...more