Back to Basics: Trade Agreements Act

The Trade Agreements Act (TAA) and its companion, the Buy American Act (BAA), both set policies for a preference for increased domestic purchases by the federal government and its contractors. However, the TAA is designed as kind of a counterweight to the BAA. The BAA (passed in 1933), “the first of the major domestic content restriction laws, requires federal agencies to apply a price preference for ‘domestic end products’ and use ‘domestic construction materials’ for covered contracts performed in the United States.” So, the BAA encourages use of US-produced goods.

The TAA, on the other hand, waives some of those BAA requirements for goods coming out of certain favored countries that have trade agreements with the US. In other words, the TAA puts items from those favored countries on an even playing field with the US items. The TAA has some other unique aspects, including a “substantial transformation” test to determine if something is an end product.

In this post, we discuss the basics of the TAA.

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SmallGovCon Week in Review: July 13-17, 2026

Happy Friday! It’s hard to believe we’re already halfway through July! We hope your summer has been filled with meaningful hangouts with family and friends, vacation adventures, and a little extra time to enjoy the season. As we head into the second half of summer, we’re grateful for your continued support of SmallGovCon and look forward to sharing more tips, updates, and resources to help your contracting business thrive. Have a great weekend.

This week in federal government contracting saw articles on pausing parts of CMMC and the role of AI in federal procurement.

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SmallGovCon Week in Review: July 6-10, 2026

Happy Friday! The 4th of July weekend was a great chance to slow down, spend time with family and friends, and enjoy some good food and fireworks (or drones, in our case). The only downside? The weather has been incredibly hot and humid but that’s typical for summer here in Kansas.

We hope you had a great week and are staying cool. Here’s what is happening in federal government contracting this week. Key stories include GSA AI proposed rules, and Congress having a lot to do this summer.

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Event Announcement: GovCon Roundup Live, July 15, 1:00pm EDT, Expanding VOSB and SDVOSB Opportunities & Navigating the SBA Certification Minefield

Please join me on the GovCon Roundup Live, with Carroll Bernard and Steven Koprince to discuss several important developments affecting veteran-owned small businesses in federal contracting, including

  • The bipartisan Contract Our Veterans Act of 2026.
  • Critical compliance issue for veteran-owned businesses pursuing VA set-asides: the frequently overlooked limitations on subcontracting certification requirement under VAAR 852.219-75.
  • Why SBA’s strict “unconditional control” rules make certification extremely difficult for franchises
  • Why a veteran must be listed as the company’s highest officer, such as CEO, in the governing documents
  • What “fatal flaws” can undermine an appeal after a certification denial

Here are the details:

  • Wednesday, July 15, 2026
  • 1:00 – 2:30 PM Eastern
  • Free to attend

Here is the link for registration.

Happy Independence Day from SmallGovCon!

We at SmallGovCon want to wish you and yours a wonderful Independence Day. Be safe this weekend and remember what the day is all about. It is a time to remember what unites as a nation, and consider our shared values and ideals. We hope you have a chance to relax, spend time with family and friends, and enjoy the 4th! We leave you with these words from the Declaration of Independence:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Preamble to the Declaration of Independence

Formal Revolution: FAR Council Releases Proposed Formal Rules to Start RFO Rulemaking Process

The FAR Council has released its first batch of proposed rules to amend the Federal Register to implement the changes to the Federal Acquisition Regulation (FAR) to implement the executive order on Restoring Common Sense to Federal Procurement. In this post, we will provide an overview of how the RFO is being implemented as part of the formal rulemaking process. Overall, the proposed regulation seems to follow the vast majority of the proposed language that was already issued under the RFO. We’ve discussed some of those changes in past blog posts. For background, our earlier posts regarding various aspects of the RFO can be found here: Executive Order, Overview of FAR 2.0, FAR Part 6, FAR Part 19 and the Once 8(a) Rule under Part 19, FAR Part 12, FAR Part 15, FAR Part 33, . But this post notes some changes as compared to the original version of the RFO.

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Breaking: SBA Proposes to Remove Social Disadvantage Presumption for 8(a) Program

SBA is proposing to amend its 8(a) Program rules to “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” This proposed rule continues the trend that has been building since the Ultima decision in 2023. In 2023, a federal court said that the rebuttable presumption of social disadvantage under the 8(a) is unconstitutional as it violates the right to equal protection. Based on that decision, SBA stopped relying on the presumption of social disadvantage. Three years later, SBA is proposing to formally eliminate any mention of the presumption from the regulations. SBA would replace the individual social disadvantage narrative with a test that looks to whether a person experienced discrimination on the basis of race through programs like affirmative action.

Here are some key points from the proposed rule.

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