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This alert is a follow-on to our prior coverage of the SBA’s December 2025 data call, suspensions of over 1,000 firms, and DoD’s review of high-value set-asides:
- SBA Client Alert: All 8(a) Firms Must Submit Detailed Financial Records by January 5, 2026
- 8(a) Client Alert: Secretary Hegseth Directs Line-by-Line Review of All Small Business Sole-Source and Set-Aside Awards Over $20 Million
The SBA has escalated enforcement by initiating termination proceedings against over 150 8(a) participants, marking the first wave of full program removals following the December 2025 ...
When a new presidential administration results in a new party occupying the White House, taxpayers often expect myriad government and public policy changes will soon follow. Hewing that truism, President Trump began his administration by issuing a slew of executive orders immediately after taking office. As expected, those executive orders range from immigration and energy policy to international relations and diversity and equity initiatives.
Regarding the latter, the President's executive order, Ending Radical and Wasteful Government DEI Programs and Preferencing,
On January 27, 2025, the White House Office of Management and Budget ("OMB") issued a memorandum, Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs, that will have a sweeping impact on federal grant and assistance programs and recipients.
The memorandum provides that federal financial assistance programs should be "dedicated to advancing Administration priorities" and thus directs federal agencies to "termporarily pause all activities" regarding federal assistance obligations and dispursements that relate to any of the Administration's ...
On January 3, 2025, the Defense Department, GSA, and NASA (together, the "FAR Council") published its final rule amending the suspension and debarment procedures under the Federal Acquisition Regulation ("FAR"). The rule, which is also based on recommendations from the Interagency Suspension and Debarment Committee, adds language to improve consistency between the procurement and non-procurement procedures on suspension and debarment.
The final rule takes effect on January 17, 2025.
By way of background, there are two different regulatory systems for suspension and ...
In August, the Small Business Administration ("SBA") issued a proposed rule that included significant and sweeping changes to its regulations, including to its rules on joint ventures, mentor-protégé, HUBZones, and others. Notably, with regard to mergers and acquisitions ("M&A"), SBA proposed to amend its negative control affiliation and recertification rules (discussed here and here). As noted in those articles, SBA's revised M&A provisions (as written) would likely stifle investment and hinder growth opportunities for small business.
On December 17, 2024, SBA ...
The Department of Defense, General Services Administration, and NASA issued a proposed rule to adjust several acquisition-related thresholds for inflation. Key increases include the micro-purchase threshold and simplified acquisition threshold, benefiting small businesses and industry overall. Comments on the proposed rule are due by January 28, 2025.
On November 18, the Government Accountability Office ("GAO") released its much-anticipated Bid Protest Annual Report to Congress for Fiscal Year 2024, which was submitted to Congress on November 14. GAO's annual report is required under the Competition in Contracting Act of 1984 ("CICA") and provides the government contracting community with good insight into GAO's bid protest function, including key statistics and GAO's most prevalent grounds on which it sustained bid protests during FY24. [1]
Government contractors and other industry professionals that become familiar ...
On November 12, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration (together, the "FAR Council") issued an interim rule, effective November 12, 2024, to amend the Federal Acquisition Regulation ("FAR") clause regarding System for Award Management ("SAM") registration. The interim rule is welcome news for contractors of all sizes, as the prior version has resulted in contractors being ineligible on what some have called a technicality.
As many contractors are aware, the SAM registration requirements under FAR ...
On Friday (10/25/24), the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small businesses, particularly as the rule of two has been subject to competing interpretations in protest tribunals. Comments on the proposed rule must be received on or before December 24, 2024.
Generally, the small business "rule of two" requires agencies to set aside contracts for small business where the agency expects at least two small ...