FY2025 NDAA: Significant Impacts on Small and Large Defense Contractors
The Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (FY2025 NDAA), signed into law on December 23, 2024, has significant implications for defense acquisition and contracting. Each year, PilieroMazza highlights key changes that impact small and large defense contractors when considering opportunities and complying with current law. Background Congress introduces legislation every year to authorize funding for the Department of Defense (DOD) and sets the policy landscape for the next fiscal year for defense contracting, acquisition, and procurement. In 2024, PilieroMazza reviewed the noteworthy provisions in the FY2024 NDAA , which included a prohibition on executive agencies . . . Read More
SBA Update: New Rule Makes Major Changes to Eligibility and Certification Requirements for HUBZone Program
As PilieroMazza noted recently here , on December 17, 2024, the Small Business Administration (SBA or the Agency) published a final rule that will make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program and clarify certain program policies. This final rule goes into effect on January 16, 2025, and “will apply to existing contracts.” [1] Below are some key high-level takeaways on changes to the HUBZone Program. Attorneys in PilieroMazza ’s Government Contracts Group released a series of client alerts on different aspects of . . . Read More
Better Late Than Never: DOD Amends DFARS Implementing SBIR/STTR Data Rights, What it Means for Small Business
On December 18, 2024, the Defense Department (DOD) issued its Final Rule (Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business Administration’s (SBA) Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directive (the Policy Directive). The Rule is effective on January 17, 2025. To maximize protection of SBIR/STTR data rights, government contractors should: (1) carefully review their contracts and subcontracts to identify the applicable version of . . . Read More
SBA Update: SBA Clarifies Protégés’ Past Performance and/or Experience Exception
As PilieroMazza has been reporting, the Small Business Administration (SBA) recently issued a final rule updating and clarifying many regulations that impact small businesses. The revised regulations cover a wide range of programs, including the SBA’s Mentor-Protégé Program. One clarification addresses how agencies should credit the past performance and experience of protégés when bidding as part of a joint venture with its mentor. The rule seeks to clarify the extent to which an agency may require a protégé to submit past . . . Read More
Corporate Transparency Act, Part 7: Reporting Requirements Stayed (Again), Voluntary Reporting Allowed
In the latest twist regarding the Corporate Transparency Act (CTA), the U.S. Court of Appeals for the Fifth Circuit, on December 26, 2024, vacated its own stay of the nationwide preliminary injunction that halted the enforcement of the CTA. Thus, the CTA’s reporting requirements are not currently in effect, though voluntary reporting is allowed. See links here to Part 1 , Part 2 , Part 3 , Part 4 , Part 5 , and Part 6 in this series. In response to the Fifth Circuit vacating its own stay, FinCEN issued guidance . . . Read More
ITAR Registration Fees Increase, Preparing Government Contractors for Financial Impact and Registration Requirements
On December 10, 2024, the U.S. State Department published a Final Rule , announcing an increase in registration fees with the Directorate of Defense Trade Controls (DDTC), as required by the International Traffic in Arms Regulations (ITAR). [1] With the January 9, 2025, effective date looming, PilieroMazza discusses below ITAR’s increased registration fees, registration requirements, and potential discounts that government contractors should know now to prepare. Overview of ITAR In a nutshell, ITAR is a federal regulatory scheme governing the export, temporary import, . . . Read More
SBA Update: Final Rule Significantly Changes Effect of Size/Status Recertifications, Alters M&A Landscape for Government Contractors
As PilieroMazza outlined on December 17, 2024, the Small Business Administration (SBA) recently issued its highly-anticipated final rule (Rule) in response to its August 2024 proposed rule and the hundreds of public comments. The Rule significantly alters the size and socioeconomic status recertification obligations for government contractors and the effect of those recertifications. The Rule impacts eligibility for set-aside contracts, alters the landscape for mergers and acquisitions (M&A) in the government contracts industry, and could have other downstream consequences. Earlier this year, we . . . Read More
SBA Update: Final Rule Makes Investing in 8(a) Firms Easier Than Ever!
As PilieroMazza has been reporting, the Small Business Administration (SBA) recently issued its much-anticipated final rule, which updates and clarifies many regulations that impact small businesses. The revised regulations impact not only small businesses but also firms in preferential procurement programs like the 8(a) Program and individuals and larger businesses that do business with these firms. Of these amendments to the regulations, there are three that loosen ownership restrictions on the minority owners in 8(a) firms and should be welcomed by . . . Read More
Corporate Transparency Act, Part 6: Reporting Requirements Back In Effect, Deadlines Looming
On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit granted a stay on the preliminary injunction that halted enforcement of the Corporate Transparency Act (CTA), pending resolution of the government’s appeal of the decision granting the injunction. Thus, the CTA’s reporting requirements are once again in effect, subject to FinCEN’s revised filing deadlines discussed below. See links here to Part 1 , Part 2 , Part 3 , Part 4 , and Part 5 in this series. In response to the stay of the preliminary injunction, . . . Read More
But My Affiliates ARE Me! GAO Rules Agencies May Limit Use of Affiliate Experience and Past Performance
On November 15, 2024, the Government Accountability Office (GAO) denied a protest where a mentor-protégé joint venture offeror attempted to use the past experience of a wholly owned subsidiary of the protégé member to satisfy a solicitation requirement. The requirement specified that joint ventures must submit a relevant qualifying project from either the protégé or the mentor-protégé joint venture itself. The AtVentures, LLC [1] protest reminds us to pay close attention to solicitation requirements and offers a different perspective when considering . . . Read More