FAR Updated to Conform with Prior SBA Changes to its Regulations
Client Alert | 1 min read | 09.16.21
On August 11, 2021, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued two final rules updating the Federal Acquisition Regulation to implement provisions from past National Defense Authorization Acts that the Small Business Administration has already implemented in its own regulations.
In 2016, the SBA implemented the new statutorily-required limitations on subcontracting at 13 C.F.R. § 125.6. Effective September 10, 2021, FAR part 19 now reflects the new methodology for calculating compliance with the limitations on subcontracting. For contracts that are set-aside or awarded on a sole source basis due to size and/or status, the contractor may not subcontract more than a certain percentage of the work to subcontractors that are not similarly situated. The final rule revises FAR 52.219-14 as well as adds a new clause, FAR 52.219-33, regarding the nonmanufacturer rule.
In 2019, the SBA updated 13 C.F.R. § 125.3 to provide further direction to contracting officers on what it means for a contractor to make a good faith effort to comply with a small business subcontracting plan and to require that goals in commercial subcontracting plans include indirect costs. Effective September 10, 2021, the final rule updates FAR part 19 to conform to these changes.
To read in-depth analyses about the limitations on subcontracting final rule click here and good faith efforts in subcontracting click here.
Contacts
Insights
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
On November 27, 2024, a group of eleven state attorneys general (the “AGs”) sued three of the world’s largest asset managers (the “Asset Managers”), accusing them of anticompetitive stock acquisitions, deceptive asset management practices, and an antitrust conspiracy to restrict coal output. The states seek declaratory and injunctive relief including divestitures, as well as fines under state laws, although the allegations could provide a basis for follow-on private treble damages claims under the antitrust laws.
Client Alert | 3 min read | 12.09.24
New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1
Client Alert | 4 min read | 12.06.24