The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury (Treasury Department) charged with administering the Corporate Transparency Act (the CTA), on Aug. 1, 2024, held a Tribal...more
8/9/2024
/ Beneficial Owner ,
Business Formation ,
Compliance ,
Corporate Governance ,
Corporate Transparency Act ,
Department of the Interior ,
Exemptions ,
FinCEN ,
Native American Issues ,
New Guidance ,
Reporting Requirements ,
Subsidiaries ,
Tribal Corporations ,
Tribal Governments
On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more
7/24/2024
/ Biden Administration ,
Business Development ,
Consultation ,
Entrepreneurs ,
Executive Orders ,
Federal Contractors ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Native American Issues ,
NPRM ,
Proposed Rules ,
Public Comment ,
SBA ,
SDVOSB ,
Small Business ,
Tribal Governments ,
WOSB
The Information Security Oversight Office (ISOO) released a joint notice on Oct. 5, 2023, providing clarifying guidance to agencies on facility security clearances for joint ventures in the National Industrial Security...more
The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)...more
The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more
As announced by U.S. Small Business Administration (SBA) Associate General Counsel for Procurement Law John Klein in an Aug. 17, 2023, webinar, SBA has issued a press release and interim guidance regarding its implementation...more
The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more
7/25/2023
/ 8(a) Program ,
Affirmative Action ,
Due Process ,
Equal Protection ,
Federal Contractors ,
Fifth Amendment ,
Fourteenth Amendment ,
Minorities ,
Rebuttable Presumptions ,
SBA ,
Small Business ,
Statutory Authority ,
Students for Fair Admissions v Harvard College ,
USDA
The U.S. Small Business Administration (SBA) issued its final rule on April 27, 2023, implementing several changes to the ownership and control requirements for the 8(a) Business Development program. The final rule also...more
5/31/2023
/ 8(a) Program ,
Business Development ,
Certification Requirements ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
Mentor-Protege Program ,
SBA ,
Set-Aside Contracts ,
Small Business ,
WOSB
The United States is likely just weeks away from the federal government reaching the maximum debt ceiling. The U.S. Department of the Treasury is not permitted to expend funds beyond the current debt limit (because it has no...more
The U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2022 on Nov. 1, 2022. The annual report is a requirement of the Competition in Contracting Act and an...more
The U.S. Small Business Administration (SBA) issued a final rule on June 6, 2022, making significant changes to its methodology for calculating the size of certain businesses. The rule becomes effective July 6, 2022....more
The Indian Health Service (IHS), an agency within the U.S. Department of Health and Human Services (HHS), published its Final Rule governing implementation of the Buy Indian Act (87 FR 2067) on Jan. 13, 2022. These Buy Indian...more
The U.S. Citizenship and Immigration Services (USCIS), a component of the U.S. Department of Homeland Security (DHS), has issued a request for information (RFI) seeking information from industry, and in particular small and...more
9/28/2021
/ 8(a) Program ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
HUBZone ,
NAICS ,
Request For Information ,
SDVOSB ,
Small Business ,
USCIS ,
WOSB
In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more
9/2/2021
/ Bid Protests ,
Department of Defense (DOD) ,
Federal Contractors ,
Federal Procurement Systems ,
GAO ,
General Solicitation ,
Joint Venture ,
Mentor-Protege Program ,
National Industrial Security Program (NISP) ,
NDAA ,
SAM ,
SBA ,
US Air Force
The Federal Acquisition Regulatory (FAR) Council published three final rules on Aug. 11, 2021, amending the FAR to implement changes mandated by various National Defense Authorization Acts (NDAAs) and to homogenize the FAR...more
8/13/2021
/ Administrative Procedure ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
HUBZone ,
NDAA ,
Public Procurement Policies ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Women-Owned Businesses
President Joe Biden issued a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships on Jan. 26, 2021, requiring each federal agency to develop a plan of action on how it proposes to engage in...more
The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more
11/3/2020
/ Acquisitions ,
Federal Contractors ,
Final Rules ,
HUBZone ,
Joint Venture ,
Mentor-Protege Program ,
Mergers ,
Multiple Award Contracts ,
NAICS ,
NDAA ,
Regulatory Requirements ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Small Business ,
Tribal Corporations ,
WOSB
With some areas of the United States starting to reopen, recipients are beginning to ramp up for performance on federal grant projects. But many aspects of the reopening phase and recipients' ability to timely ramp-up remain...more
The president signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), providing $2.2 trillion of emergency appropriations. The CARES Act provides a wide range of economic relief...more
4/28/2020
/ CARES Act ,
Congressional Oversight ,
Coronavirus/COVID-19 ,
False Claims Act (FCA) ,
GAO ,
Government Investigations ,
Inspector General ,
Oversight Committee ,
Paycheck Protection Program (PPP) ,
Regulatory Oversight ,
SBA Lending Programs
The U.S. Department of Defense (DoD) has released additional information relative to implementation of Section 3610 of the recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act. ...more
The Coronavirus Aid, Relief and Economic Security Act (CARES Act) includes specific programs sponsored by the U.S. Small Business Administration (SBA) designed to provide economic relief for those small business concerns that...more
The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, which was signed into law on March 28, contains a provision aimed at contractors and provides the potential for compensation due to facility closures or...more
As the coronavirus (COVID-19) outbreak continues to spread throughout the United States, many government contractors are faced with unknown questions about continuing performance on contracts. Given the fast-moving situation,...more
On March 18, 2020, President Donald Trump signed an executive order invoking and delegating the authorities of the Defense Production Act (DPA) to the secretary of the U.S. Department of Health and Human Services (HHS) to...more
Federal contractors, grantees and cooperative agreement holders performing work overseas face enormous and broad-ranging challenges related to their work and the impacts of the coronavirus (COVID-19) pandemic. These include...more