On November 17, 2022, the Small Business Administration (“SBA”) issued a final rule and several interim final rules effective December 19, 2022 that upwardly adjust some of SBA’s monetary thresholds for inflation. The changes are welcome news in this period of economic uncertainty because they will ultimately help more small businesses participate in federal set-aside...
As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements can disqualify a joint venture entirely. As for the practical ramifications for this failure, if a joint venture with a deficient joint venture...
In August, the Government Accountability Office (“GAO”) provided a boost for small business joint ventures (“JV”) that are pursuing defense contracts in holding that the plain language of the 2020 National Defense Authorization Act (“NDAA”) prohibits the Department of Defense (“DoD”) “from issuing solicitations that require a joint venture, rather than the members of the...
Last week, the Federal Acquisition Regulation (“FAR”) Council published a final rule amending the FAR to implement a portion of the National Defense Authorization Act for Fiscal Year 2017 (“2017 NDAA”), which requires examples of failure to make good faith efforts to comply with a small business subcontracting plan. The final rule also provides that...
The SBA has proposed significant changes to the rules governing joint ventures as part of its overhaul of the SBA’s small business program regulations. The 3-2 Rule: Currently, a joint venture may receive a maximum of three contract awards in a two-year period. The proposed rule eliminates the cap on contract awards, but continues the...