On April 8, 2026, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) denied an appeal arguing that a concern’s early submission of its proposal with pricing was an attempt to “end-run the regulations” for when size is determined. In Size Appeal of DecisionPoint Corporation, SBA No. SIZ-6379, OHA confirmed that a company’s size is determined on the date it submits its initial offer which includes price, even if the proposal is submitted in advance of the proposal submission deadline and the offeror becomes large before the provided deadline.
Continue Reading SBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size Determination
Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts
On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert.
Continue Reading Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified ContractsSmall Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to Know
On April 13, 2026, President Trump signed into law the Small Business Innovation and Economic Security Act, which reauthorized the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs are Small Business Administration-sponsored initiatives intended to encourage small business contractors to conduct early-stage research and development (R&D) and help foster technological innovation related to U.S. government needs across several federal agencies, including the Department of War, Department of Energy, National Aeronautics and Space Administration, and National Institutes of Health. SBIR/STTR are sometimes referred to as “America’s Seed Fund.” Consistent with that characterization, SBIR contractors performing in the defense and technology space are often the focus of venture capital and private equity interest and investment.
Continue Reading Small Business Innovation Research (SBIR) 101: Following Re-Authorization, What Contractors (and Their Investors) Need to KnowSBIR/STTR Programs Reauthorized After Six-Month Lapse
On April 13, 2026, President Trump signed the Small Business Innovation and Economic Security Act of 2026 (S. 3971) (the Act), extending the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs through September 30, 2031. The legislation cleared the U.S. Senate on March 3, 2026 and then was passed by the U.S. House of Representatives on March 17, 2026 after a six-month interruption in program authority that halted the issuance of new awards across federal agencies. The programs’ previous authorization expired on September 30, 2025.
Continue Reading SBIR/STTR Programs Reauthorized After Six-Month LapseSBA Office of General Counsel Audit of Participants in the 8(a) Program and Beyond
On December 5, 2025, the Small Business Administration (SBA) sent letters to 4,300 current and recent participants in the 8(a) Business Development Program requiring production by January 5, 2026, of financial records, contracting and subcontracting agreements, and employee records. Below we discuss the genesis of the U.S. Government’s focus on fraud in small business programs, the new SBA request for documents, the coming Treasury audit of preference-based contracts, and more.
Continue Reading SBA Office of General Counsel Audit of Participants in the 8(a) Program and BeyondSBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
Continue Reading SBA’s OHA Further Defines Extraordinary Action in SDVOSB AppealNot Just the FAR, SAM.gov Gets Overhauled Too
The System for Award Management (SAM, available at sam.gov) is set to incorporate Revolutionary FAR Overhaul (RFO) changes as early as the first quarter of 2026. The RFO process, which began earlier this year, will trigger matching changes to representations and certifications in SAM.gov.
Continue Reading Not Just the FAR, SAM.gov Gets Overhauled TooSBA Proposes Increases to Small Business Receipts-Based Size Standards to Promote More Competition for Small Business Set-Aside Contracts
On August 22, 2025, the Small Business Administration (SBA) published a proposed rule that would raise the receipts-based small business size standards across 259 industries and the asset-based size standard across 4 industries. The proposed rule aims to provide greater opportunity for growing small businesses to retain their small business status longer and continue to benefit from SBA loan programs and federal contracting opportunities reserved for small businesses.
Continue Reading SBA Proposes Increases to Small Business Receipts-Based Size Standards to Promote More Competition for Small Business Set-Aside ContractsNew SF-328 Released and Embedded Guidance Seeks More Information Up Front
On May 12, 2025, the Defense Counterintelligence and Security Agency (DCSA) released a new SF-328[1] consisting of 9 questions and 6 pages of instructions that detail the types of supporting documentation requested and identify information required by different responding entities (e.g., corporate, non-profit, academic, etc.). With this SF-328, DCSA is seeking certain frequently requested information and documents with initial SF-328 submissions rather than obtaining these documents through communications or revised SF-328 submissions. Additionally, when completed, the new SF-328 is considered Controlled Unclassified Information (CUI).
Continue Reading New SF-328 Released and Embedded Guidance Seeks More Information Up FrontTribal Consultation Meeting for 8(a) Business Development and Mentor-Protégé Programs Provides Insight Into SBA Priorities Under the New Administration
On May 12, 2025, the U.S. Small Business Administration (SBA) announced that it is holding a tribal consultation meeting and requesting comments and input on topics relating to the 8(a) and mentor-protégé programs. The tribal consultation will be held on June 13, 2025 in Anchorage, Alaska, and SBA is anticipating that the meeting will cover a range of topics relevant to 8(a) and mentor-protégé program participants.
Continue Reading Tribal Consultation Meeting for 8(a) Business Development and Mentor-Protégé Programs Provides Insight Into SBA Priorities Under the New Administration