NDAA, Subcontractors, Federal Contractors

SBA Announces Final Rule Eliminating Self-Certification for SDVOSBs

Holland & Knight LLP on 6/13/2024

The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts...more

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Morrison & Foerster LLP on 5/17/2024

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

A Guide for Government Contractor Whistleblowers

Oberheiden P.C. on 3/5/2024

Federal employees as well as people who work for companies that contract with the government have access to important information about the goods and services that the contractor is providing. In some cases, that information...more

FY 2024 Defense Act: GHG Emissions, Subcontracting, and AI Considerations for US Government Contractors

Morgan Lewis on 1/2/2024

US President Joseph Biden recently signed the National Defense Authorization Act for Fiscal Year 2024 into law. Implications for government contractors range from new restrictions on greenhouse gas emissions certifications to...more

Important NDAA Provisions for Contractors and Their Supply Chains

Wiley Rein LLP on 12/19/2023

On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

DoD Mentor-Protégé Program Solidified under Proposed Rule

McCarter & English Blog: Government Contracts... on 11/10/2023

On October 25, 2023, the Department of Defense (DoD) published a Proposed Rule amending the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and permanently authorizing the DoD Mentor-Protégé Program...more

SBA Updates Its Regulations On Lower-Tier Small Business Subcontracting Credit

Morrison & Foerster LLP - Government... on 10/16/2023

The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more

Back To The Drawing Board: FAR Councils Withdraw Long-Delayed Proposed Rule For Lower-Tier Small Business Subcontracting Credit

Morrison & Foerster LLP - Government... on 4/3/2023

Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive...more

SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier

Bass, Berry & Sims PLC on 3/7/2023

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870...more

FAR Council Issues Final Rule on Accelerated Payments to Small Businesses

Bradley Arant Boult Cummings LLP on 2/16/2023

The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more

Congressional, Executive, and Legal Developments for Government Contractors to Consider

Venable LLP on 1/6/2023

Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

SBA Proposed Rule Would Permit Contractors to Receive Subcontracting Credit at Any Tier

Schwabe, Williamson & Wyatt PC on 12/22/2022

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

Inflation Relief on Its Way for Government Contractors?

Bass, Berry & Sims PLC on 12/20/2022

Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate...more

Inflation Relief Is Coming for DOD Contractors

PilieroMazza PLLC on 12/9/2022

As PilieroMazza has reported, rising costs due to inflation have been one of the most significant issues facing contractors with fixed-price contracts for the past year. Although the Department of Defense (DOD) and General...more

Department of Defense Issues Interim Rule Requiring Disclosure of Chinese Workforce and Facilities

Wiley Rein LLP on 8/31/2022

WHAT: The Department of Defense (DoD) issued an interim rule requiring certain Defense contractors and subcontractors to disclose the use of workers and facilities in People’s Republic of China (PRC)....more

New Small Business Tools from the National Defense Authorization Act

Schwabe, Williamson & Wyatt PC on 7/29/2022

New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that...more

New Small Business Regulation: Reliance On Past Performance Gained As A Subcontractor Or Joint Venture Member

Morrison & Foerster LLP - Government... on 7/27/2022

The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go...more

SBA Expands Past Performance Universe for Small Businesses

Bradley Arant Boult Cummings LLP on 7/26/2022

The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime...more

FAR Councils Promulgate Final Rule Implementing SBA’s 2016 Revisions To The Limitations On Subcontracting Rule

Morrison & Foerster LLP - Government... on 8/31/2021

After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among...more

At Long Last...The FAR Catches up on Limitations on Subcontracting!

Obermayer Rebmann Maxwell & Hippel LLP on 8/19/2021

On August 10, the Federal Acquisition Regulatory (FAR) Council issued a final rule, revising the Federal Acquisition Regulations (FAR) relating to the limitations on prime contractors’ ability to subcontract on small business...more

FAR Council Publishes Three Final Rules Aimed at Boosting Small Business Contracting

Holland & Knight LLP on 8/13/2021

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

DoD Requires Data Reporting for Certain Service Contracts Exceeding $3 Million

Pillsbury Winthrop Shaw Pittman LLP on 8/3/2021

The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts. Requirement applies to contracts...more

Here To Remind You Of The Key Provisions Of The Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

McCarter & English Blog: Government Contracts... on 1/26/2021

Each year, Congress presents us in Title VIII of the National Defense Authorization Act (NDAA) a potpourri of procurement reforms, changes, and additions. Some are effective immediately, while some are bound for rulemaking...more

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

Woods Rogers on 1/5/2021

Procuring agencies have wide latitude in developing requirements for their solicitations. When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification...more

Initial Thoughts On The 2021 NDAA’s Procurement Provisions

Morrison & Foerster LLP - Government... on 12/15/2020

Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more

National Defense Authorization Act › Subcontractors › Federal Contractors

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