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SBA Proposes Significant Changes to Multiple Programs and Policies

WHAT: The U.S. Small Business Administration (SBA) issued a proposed rule that’s directed principally at amending its regulations governing the Historically Underutilized Business Zone (HUBZone) program, but also proposes...more

SBA Considers Restrictions on the Use of Mentor-Protégé Joint Ventures

WHAT: The U.S. Small Business Administration (SBA) has requested comments on prospective policy changes concerning the use of joint ventures under the mentor-protégé program. Due to what SBA characterized as a “perception...more

OMB Broadly Updates Grant Guidance

On April 22, 2024, the Office of Management and Budget (OMB) issued a final rule broadly revising sections of OMB Guidance for Grants and Agreements, following review and consideration of the comments received in response to...more

Small Business Contractors: Beware of Corporate Transparency Act’s Potential Pitfalls

Starting this year, certain companies are required to submit new reports related to their ownership and control that could highlight deficiencies in their small business contracting program eligibility. On September 30, 2023,...more

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

OMB Proposes Widespread Changes to Guidance on Grants and Agreements

WHAT: On October 5, 2023, the Office of Federal Financial Management, Office of Management and Budget (OMB) issued a proposed rule to revise sections of OMB Guidance for Grants and Agreements. The changes under the proposed...more

Federal Circuit Reverses ASBCA Raytheon Decision – Costs for Lobbying Activity Outside Business Hours and M&A Planning Found...

WHAT: The United States Court of Appeals for the Federal Circuit has reversed Appeals of Raytheon Company, ASBCA Nos. 60061 et al, 21-1 BCA 37,796 (Feb. 1, 2021), which found Raytheon’s policies for tracking potentially...more

DOD Class Deviation Offers Some Relief from SAM UEI Headaches

WHAT: The U.S. Department of Defense (DOD) has issued a class deviation and related instructions pertaining to the procedures for offeror registration in the System for Award Management (SAM.gov)....more

Office Return Is (Another) Good Time to Think About Compliance

With many companies adopting return to work policies after the decline of the latest COVID-19 wave in the United States, now is a good time for government contractors to assess, update, and train on ethics and compliance...more

Unique Entity ID Replaces DUNS Numbers in SAM.gov

WHAT: The U.S. General Services Administration (GSA) has officially transitioned the System for Award Management (SAM.gov) to no longer use data universal numbering system (DUNS) numbers from Dun & Bradstreet (D&B), and now...more

PPP Recipients Beware – Your Loan Forgiveness May Be a Credit Due Back to Government

One of most significant aspects of the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was the “Paycheck Protection Program” (PPP). PPP, administered by the Small Business Administration (SBA), authorized...more

SAM (Registered) I Am, You Better Be or Else Risk Losing Your Award

WHAT: The U.S. Government Accountability Office (GAO) dismissed a protest challenging a U.S. Department of State (DOS) decision to exclude a proposal from competition because the offeror was not registered in the System for...more

New FAR Clause Resolves Long-Standing Conflict Over How to Comply with the Limitations on Subcontracting

WHAT: The Federal Acquisition Regulatory (FAR) Council has issued its final rule on prime contractors’ limitations on subcontracting under small business set-aside contracts. The rule finally harmonizes the FAR with the Small...more

FAR Updated to Include Useful Guidance on “Good Faith” Compliance with Small Business Subcontracting Plans

WHAT: The Federal Acquisition Regulatory (FAR) Council issued its final rule to implement Small Business Administration (SBA) rules that provide examples to guide contracting officers in assessing whether large business prime...more

SBA Changes Mentor Protégé Programs and Other Small Business Contracting Rules

WHAT: The U.S. Small Business Administration (SBA) issued a final rule consolidating the 8(a) and All-Small Mentor-Protégé Programs. The rule eliminates the 8(a) version of the program, including its unique requirements and...more

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