In this issue:

- Court of Federal Claims Invalidates Key Component of the SBA’s Nonmanufacturer Rule

- At the Crossroads of M&A and Government Contracts – The Novation Process

- What Every Business Owner Needs to Know About Implementing the New Tangible Property Regulations

- The Impact of the Fair Pay and Safe Workplaces Executive Order on Contract Procurement

- Excerpt from Court of Federal Claims Invalidates Key Component of the SBA’s Nonmanufacturer Rule:

It has been the common understanding within the SBA, and the small business government contracting community as a whole, that the SBA’s nonmanufacturer rule applies only to contracts for the provision of supplies (i.e., goods) and not to service contracts, regardless of whether or not such service contracts have a supply component. The SBA memorialized this understanding in a 2011 rulemaking. According to 13 C.F.R. § 121.406(b)(3), the nonmanufacturer rule does not apply to procurements that are assigned a services, construction, or specialty trade construction code.