Through a duo of Executive Orders (EOs), issued on April 15 and 16 respectively, President Trump announced “a first-of-its-kind overhaul of Federal procurement policy.” The rewrite represents a once-in-a-generation opportunity to make an incredibly complex system more efficient and user friendly. With that said, while the president positions the changes as an effort of “increase[ing] competition and efficiency while decreasing costs,” the devil is in the details. Below we discuss areas of emphasis for the Trump administration, the short-term implications of the Federal Acquisition Regulations (FAR) rewrite, and explore important considerations that could inform what the final version of “FAR 2.0” looks like.Continue Reading White House Announces “Revolutionary FAR Overhaul”: What to Know
DOJ Settlement Highlights Customs, FCA Risks for Importers
On March 25, 2025, the U.S. Department of Justice (DOJ) announced an $8.1 million settlement in a civil case under the False Claims Act (FCA) related to alleged customs evasion by a California importer of wood flooring. The private whistleblower who reported the conduct received over $1.2 million in the matter. As we suggested in a blog post in February, these sorts of enforcement actions will proliferate under the Trump DOJ.Continue Reading DOJ Settlement Highlights Customs, FCA Risks for Importers
SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”
On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small Business Administration (SBA) regulations prohibit awards to concerns where a merger or acquisition occurs, resulting in the new business becoming “large,” within 180 days of the initial offer rather than a final proposal revision. This understanding follows the general rule that SBA determines a concern’s size as of the date of the initial offer. We explore the decision and its implications below.Continue Reading SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”
Network Before You Go – USACE, Mississippi Valley Division Industry Day
On February 18, I will join Priscilla Sweeney (U.S. Army Corps of Engineers), for a valuable networking and informational session hosted by the Tennessee APEX Accelerator. This event offers a unique opportunity to enhance your experience at the U.S. Army Corps of Engineers Mississippi Valley Division Regional Industry Day. Don’t miss this chance to connect
SBA Final Rule Updates Negative Control Requirements and 8(a) Ownership Rule
On December 17, the Small Business Administration (SBA) published its final rule detailing new recertification requirements following mergers and acquisitions (M&A), new language around negative control for affiliation purposes, and changes to 8(a) ownership percentages, among other changes. We discussed the new recertification requirements and their potential impact on GovCon M&A in a previous blog post that can be found here. Below we discuss the new negative control rule and the 8(a) ownership changes.Continue Reading SBA Final Rule Updates Negative Control Requirements and 8(a) Ownership Rule
New SBA Rule Overhauls Small Business M&A Landscape
On December 17, the Small Business Administration (SBA) published its final rule in response to its August 2024 proposed rule and the ensuing comments from the industry. The rule will have a substantial impact on the obligations of government contractors and the small business M&A landscape.Continue Reading New SBA Rule Overhauls Small Business M&A Landscape
President Trump Revokes Executive Order 11246
“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders aimed at promoting diversity, equity and inclusion (DEI) in the workplace. EO11246 has been in
Upcoming Webinar | How the SBA’s New Rule Will Reshape GovCon M&A: What Small Business Owners Need to Know
Join me on January 29 for a webinar where I’ll break down the new SBA final rule that’s set to reshape the GovCon M&A landscape starting in 2025. If you’re a small business owner planning a sale, merger, or acquisition or even maintaining your small business status, this is information you can’t afford to miss.
Continue Reading Upcoming Webinar | How the SBA’s New Rule Will Reshape GovCon M&A: What Small Business Owners Need to Know
Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control
On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use the past performance of its protégé’s wholly-owned subsidiary to satisfy a solicitation requirement. GAO’s decision represents a cautionary tale for bidders who wish to use the past performance of affiliates—follow the instructions, or else!Continue Reading Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control
“Small” Space Companies: Growth Comes at a Cost
Space has become central to protecting U.S. national security interests as Americans increasingly rely on space-based services to support everyday life. As a result, the U.S. government has bolstered investment in the space sector creating a wealth of opportunities for contractors. For example, the U.S. Department of Defense’s (DoD) budget request for fiscal year 2025 is seeking $33.7 billion for space programs. Continue Reading “Small” Space Companies: Growth Comes at a Cost