On October 30, U.S. Treasury Secretary Scott Bessent announced that the U.S. Department of Commerce, Bureau of Industry and Security (BIS) will delay the implementation of the recently announced BIS Affiliates Rule for one year. The announcement follows negotiations between President Trump and China’s President Xi Jinping and comes in exchange for China’s suspension of its rare earth minerals export licensing regime.
Continue Reading UPDATE: BIS Affiliates Rule Suspended for One Year Following U.S.-ChinaPreparing for DoD’s Upcoming DFARS Rule on Beneficial Ownership and FOCI Vetting
By Todd Overman on
Posted in Government Contracts, U.S. Department of Defense
The Department of Defense (DoD) is preparing to roll out new requirements that will significantly expand how it evaluates and mitigates foreign ownership, control, or influence (FOCI) across its contractor base. Under Section 847 of the Fiscal Year 2020 National Defense Authorization Act (NDAA), the DoD must establish procedures to assess and mitigate FOCI risks for both cleared and uncleared contractors involved in unclassified defense contracts, subcontracts, or research awards valued at $5 million or more. In May 2024, the DoD took its first formal step toward implementation by issuing DoD Instruction 5205.87, which sets policy for evaluating beneficial ownership and identifying potential foreign control early in the contracting process.
Continue Reading Preparing for DoD’s Upcoming DFARS Rule on Beneficial Ownership and FOCI VettingCOFC Decision Highlights Risks in Mentor-Protégé Joint Venture Agreements
By Todd Overman on
On September 18, the Court of Federal Claims (COFC) issued a decision in Multimedia Environmental Compliance Group JV v. United States, denying a bid protest that challenged the Small Business Administration’s (SBA’s) Office of Hearings and Appeals (OHA) ruling on joint venture eligibility.
Continue Reading COFC Decision Highlights Risks in Mentor-Protégé Joint Venture AgreementsBIS Closes Loophole: New Rule Expands Export Controls to Affiliates of Listed Entities
By Faith Dibble & Thad McBride on
Please note that the content below was posted on October 2, 2025. We have since provided updated guidance on the topics discussed in this post here.
On September 29, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued a new interim final rule that significantly expands the scope of U.S. export controls. Entitled Expansion of End-User Controls to Cover Affiliates of Certain Listed Entities and referred to by BIS as the “Affiliates Rule,” the rule is designed to close a longstanding loophole by extending restrictions to foreign affiliates of parties already subject to export restrictions, including those parties designated on the Entity List and the Military End-User (MEU) List.
Continue Reading BIS Closes Loophole: New Rule Expands Export Controls to Affiliates of Listed EntitiesFAR Part 19 Rewrite: Key Developments for Small Business Contracting
By Richard Arnholt & Sylvia Yi on
The Federal Acquisition Regulatory (FAR) Council recently released its long-awaited overhaul of FAR Part 19, the section governing small business programs. While the rewrite is part of the Trump administration’s broader initiative to reduce the FAR to statutory and “essential” provisions, the changes to Part 19 carry significant implications for both small and large contractors.
Continue Reading FAR Part 19 Rewrite: Key Developments for Small Business ContractingFAR Agenda Narrows, with CUI and OCI Rules Moving Forward
By Richard Arnholt on
The Federal Acquisition Regulatory Council (FAR Council) released its Spring 2025 regulatory agenda as part of the government-wide Unified Agenda of Regulatory and Deregulatory Actions, unveiling a slimmed-down list of procurement rules.
Continue Reading FAR Agenda Narrows, with CUI and OCI Rules Moving ForwardArmy Introduces FUZE to Streamline Innovation and Acquisition
By Todd Overman on
Posted in Small Business Regulations and Programs
In September, the U.S. Army outlined its plans to modernize how it engages with industry and accelerate the development of new technologies. At the Army Demand Signal Forum, leaders emphasized the importance of closer collaboration with industry, small businesses, and startups. The event highlighted the Army’s effort to better connect operational needs with available technologies and to create clearer pathways for companies to contribute solutions.
Continue Reading Army Introduces FUZE to Streamline Innovation and AcquisitionFAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition Process
By Richard Arnholt on
I recently authored an article for Washington Technology discussing the recent final rule published by the Federal Acquisition Regulatory (FAR) Council clarifying that an offeror must be registered in the federal System for Award Management (SAM) when submitting an offer and when the contract is awarded, and how the rule change affects businesses trying to acquire federal contracts.
Continue Reading FAR Council’s Final Rule Requiring Active SAM Registration at Two-Points in the Contract Acquisition ProcessLegal/Legislative Update at the GWSCPA 2025 Government Contracting Conference
By Todd Overman on
On September 25, join me in Vienna, Virginia at the Greater Washington Society of CPAs (GWSCPA) 2025 Government Contracting Conference where I will lead a session on the latest Legislative and Legal Updates.
Continue Reading Legal/Legislative Update at the GWSCPA 2025 Government Contracting ConferenceSBA Proposes Bigger Size Standards: What It Means for Small Businesses
By Richard Arnholt on
On August 22, the U.S. Small Business Administration (SBA) proposed an important change that could affect thousands of companies competing for federal contracts. In the proposed rule, the SBA suggested raising certain size standards used to determine when a company is considered “small.” If finalized in its current form, the proposal will increase thresholds across 263 industries, from telecommunications and natural gas pipelines to commercial banking, and could add more than 11,000 firms to the small business category.
Continue Reading SBA Proposes Bigger Size Standards: What It Means for Small Businesses