News & Analysis as of

Small Business National Defense Authorization Act Prime Contractor

Pillsbury Winthrop Shaw Pittman LLP

SBA Takes Final Step Towards Eliminating SDVOSB Self-Certification

The Small Business Administration has issued a direct final rule requiring that Service-Disabled Veteran-Owned Small Businesses be certified by its VetCert program in order for agencies and prime contractors to receive credit...more

Troutman Pepper

The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

Troutman Pepper on

On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out...more

Morrison & Foerster LLP - Government...

SBA Updates Its Regulations On Lower-Tier Small Business Subcontracting Credit

The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more

Bass, Berry & Sims PLC

SBA Proposed Rule Permits Prime Contractors to Receive Subcontracting Credit from Any Tier

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that would amend the SBA regulations to implement Section 870 of the National Defense Authorization Act (NDAA) of 2020. Section 870...more

Schwabe, Williamson & Wyatt PC

SBA Proposed Rule Would Permit Contractors to Receive Subcontracting Credit at Any Tier

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that, if enacted, will permit prime contractors to receive small-business subcontracting credit for subcontracts at any tier. The...more

Schwabe, Williamson & Wyatt PC

New Small Business Tools from the National Defense Authorization Act

New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that...more

Morrison & Foerster LLP - Government...

New Small Business Regulation: Reliance On Past Performance Gained As A Subcontractor Or Joint Venture Member

The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go...more

Davis Wright Tremaine LLP

2021 NDAA Provides Increased Opportunities for Small Businesses to Establish Past Performance

The 2021 National Defense Authorization Act (NDAA) includes a significant change to how small businesses may establish past performance when bidding for prime contracts, greatly increasing the opportunity for small businesses...more

PilieroMazza PLLC

Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR

PilieroMazza PLLC on

The FAR Council is beginning to catch up with the SBA’s allowance that prime contractors with small business subcontracting plans may take credit for lower-tier small business subcontracting—albeit, three years behind...more

PilieroMazza PLLC

Take Note of This Law Regarding Small Business Offerors Under Multiple Award Contracts

PilieroMazza PLLC on

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2016, which went into effect on November 25, 2015, contains some requirements regarding multiple award contracts that you might not know about. The 2016 NDAA...more

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