It sometimes takes a little time for federal statutes to be reflected in federal regulations. Recent proposed updates to DFARS regarding Foreign Ownership, Control, or Influence (FOCI) is a good example of this. These updates, meant to implement sections of the National Defense Authorization Acts of 2020 and 2021, are meant to mitigate risks related to FOCI or beneficial ownership. Today, we shall explore these updates and what they mean for federal contractors.
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A Reversal in Course? SBA Rescinds Several 8(a) Suspension Notices
As you may recall, this past December, SBA launched a massive audit of the 8(a) Program, in which 8(a) participants were required to submit a long list of financial documents for review. Many feared it was the beginning of the end of the 8(a) Program when several 8(a) Participants were hit with suspension notifications earlier this year. Most of these suspensions were a result of SBA’s review of the documents collected during the December data call. The basis was often a claimed failure of these participants to submit all the data asked for. However, as provided for in 13 C.F.R. § 124.305(c), these participants had the opportunity to appeal these suspensions, and many of them took that opportunity. In several cases, it turns out that SBA itself decided that its suspension was unnecessary, and rescinded those actions. Today, we’ll look at this development.
Continue readingBack to Basics: The Two-Year Rule
Something we get asked about a lot with regards to joint ventures is the two-year rule (not to be confused with the “Rule of Two,” which concerns contract set-asides). We have explored this rule in the past on a few occasions, however, it has been a little while since the last such post and it’s been a perennial issue for contractors that we talk to. As such, it would be helpful to have a refresher on this rule, which may help clear up some of those questions.
Continue readingGAO Evaluation of CMMC Program and Important Information for Defense Contractors
Back in October and November 2025, with the Department of Defense putting some finishing touches on the Cybersecurity Maturity Model Certification (“CMMC”) Program, we explored the contours of that program and what it means for contractors like you. During this same timeframe, we were not the only ones reviewing the CMMC Program. The GAO also has been in the process of conducting a review of the CMMC Program and recently released its findings. In a report titled, “Defense Contractor Cybersecurity: DOD Should Address External Factors That Could Impede Program Implementation,” GAO’s position on the CMMC Program is pretty clear: Good but needs tweaking. Today, we’ll take a look at those findings and how they might affect the CMMC Program going forward.
Continue readingSkin of its Teeth: Mentor-Protégé Joint Venture Survives SDVOSB Status Protest Despite Missing Required Provisions in Joint Venture
For the most part, the rules on joint ventures under SBA are very similar. the various regulations for small business, 8(a), SDVOSB, WOSB, and HUBzone joint ventures are so similar in fact that they are almost identical. But they are not perfectly identical. There are a few quirks that distinguish the regulations from the others, and one such quirk can cost contractors dearly if they are not careful. In today’s post, we will review an SBA Office of Hearings and Appeals (OHA) case in which one SDVOSB nearly fell victim to this quirk to show what this quirk is, and how you can avoid the same.
Continue readingOHA Reminder: Compliance with SBA Joint Venture Requirements is Determined at Final Proposal Revisions
In most size and status protests, SBA’s Office of Hearings and Appeals (OHA) will determine an offeror’s eligibility for a procurement as of the date of initial offer including price for that procurement. Indeed, with regards to SDVOSBs and VOSBs specifically, 13 C.F.R § 134.1003(e)(1) states that “[i]f the VOSB or SDVOSB status protest pertains to a procurement, the Judge will determine a protested concern’s eligibility as a VOSB or SDVOSB as of the date of its initial offer or response which includes price for a competitively awarded VOSB/SDVOSB contract, order, or agreement, and as of the date of award for any sole source VOSB or SDVOSB award.” But there is an important exception to this rule (something another company found out regarding its mentor-protégé joint venture recently) in that very clause, and, recently, OHA pointed this out in a GSA-led protest of an SDVOSB joint venture (VSBC-459-P, January 15, 2026). Today, we’ll look at that decision.
Continue readingBack to Basics: SDVOSB Program Eligibility
Recently, SBA’s VetCert Program announced that it had gotten through its backlog, meaning that the system has returned to normal, so to speak. With this in mind, many new service-disabled veteran-owned small businesses (SDVOSBs) no doubt are looking at getting into the SDVOSB program. Indeed, some of you reading this may be the owners of some of those businesses. Considering that we just looked at an SDVOSB appeal regarding the control requirements for an SDVOSB, today, we’re going to go further and provide a general rundown of the SDVOSB Program to update our past post on this topic.
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