1. Home
  2. |Insights
  3. |ASBCA Delivers Bad News to Contractor Who Violated SBA’s Nonmanufacturer Rule

ASBCA Delivers Bad News to Contractor Who Violated SBA’s Nonmanufacturer Rule

Client Alert | less than 1 min read | 05.27.16

In Third Coast Fresh Distrib., LLC (Apr. 6, 2016), the ASBCA held that a small business’ failure to comply with the requirements of the SBA’s Nonmanufacturer Rule justified its default under a small business set-aside contract for produce delivery. Rejecting the contractor’s argument that it was only required to represent in good faith that it would comply with the requirements, the Board held that the rule was a condition of performance and, by subcontracting out delivery of the produce, the contractor had changed its performance and had become “other than small” for the procurement, which constituted a default.

Insights

Client Alert | 6 min read | 09.11.26

It’s LIVE: The Cyber Resilience Act Reporting Is Mandatory as of Today - 11 September 2026

The wait is over. As of today, manufacturers of connected products (both hardware and software) must comply with the Cyber Resilience Act’s (“CRA”) vulnerability and incident reporting obligations. The CRA’s Single Reporting Platform (“SRP”), operated by the European Union Agency for Cybersecurity (“ENISA”), is now the EU-wide gateway through which those notifications must flow....