Manufacturers are operating in a period of both opportunity and uncertainty. Buyer demand remains strong in a competitive M&A market, but shifting tariff policies, heightened immigration enforcement, and an evolving regulatory agenda are reshaping how companies plan for growth.
Continue Reading Manufacturing & Industrial: Outlook & Trends
The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture agreement gives the protégé managerial control. Size Appeal of Acacia7 JV shows how drafting loose managerial terms can lead to an unfavorable outcome.Continue Reading Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility
Federal contractors and grant recipients are no strangers to changing requirements and evolving priorities. But in recent months, we’ve seen a noticeable increase in stop work orders, early terminations, and administrative actions that directly impact performance, cash flow, and compliance obligations.
These situations are rarely straightforward. Agencies may issue stop work orders based on shifting funding or political directives. Terminations may stem from compliance findings or performance concerns, even when the root causes are unclear or disputed. Contractors and recipients must be ready to respond quickly with a sound understanding of the legal framework and a plan for recovery.
To help navigate this complex landscape, we hosted a webinar with Donna Dominguez of Aprio.Continue Reading Preparing for the Unexpected: Legal and Strategic Considerations in Federal Contract and Grant Terminations
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
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
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”
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
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
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
“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