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Congressional Investigations in the 119th Congress

The 119th United States Congress will begin on Jan. 3, 2025, with Republicans in control of both the House of Representatives and Senate. In the Senate, Republicans will hold 53 seats, while in the House the Republicans will...more

SBA Proposed Rule Seeks to Expand "Rule of Two" to Multiple Award Contract Task Orders

The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...more

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

SBA Notices Tribal Consultation in Advance of Proposed Rule Affecting HUBZone, 8(a) and Other Small Business Contracting Programs

On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more

SBA Is Upgrading Its Certification System: What Small Business Government Contractors Need to Know

The U.S. Small Business Administration (SBA) on Aug. 1, 2024, is beginning a system upgrade to its certification portal that will impact the following socioeconomic set-aside program certification programs ...more

SBA Issues More Guidance on Use of 8(a) Program During Ultima Injunction

The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)...more

SBA Releases Interim Guidance on 8(a) Program in Light of Ultima Decision

As announced by U.S. Small Business Administration (SBA) Associate General Counsel for Procurement Law John Klein in an Aug. 17, 2023, webinar, SBA has issued a press release and interim guidance regarding its implementation...more

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

False Claims Act Meets Cybersecurity: DOJ's New Civil Cyber-Fraud Unit

Earlier this week, the U.S. Department of Justice (DOJ) announced the launch of its new Civil Cyber-Fraud Initiative — an effort designed to harness the department's knowledge in civil fraud enforcement, government...more

Oversight and Investigations Related to COVID-19 Pandemic Spending and Federal Programs

The president signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), providing $2.2 trillion of emergency appropriations. The CARES Act provides a wide range of economic relief...more

DoD Institutes Preference for Fixed-Price Contracts

On Nov. 27, 2018, the U.S. Department of Defense (DoD) issued Class Deviation 2019-O0001, which, effective immediately, requires contracting officers to consider the use of fixed-price contracts, including fixed-price...more

DOJ Appoints Compliance Counsel to Provide Advice in FCPA Investigations

The U.S. Department of Justice (DOJ) is creating a new compliance counsel position in the Criminal Division’s Fraud Section to scrutinize the compliance programs of companies under investigation for possible Foreign Corrupt...more

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