The Quill & Sword | The FAR & Beyond Episode 29: NAICS Challenge: Navigating SBA Jurisdiction and Small Business Standards

In this episode, we explore the critical role of NAICS codes in federal procurement, highlighting why the SBA’s Office of Hearings and Appeals (OHA) is the exclusive venue for these time-sensitive challenges. We break down the "principal purpose" test through a detailed analysis of a successful appeal where a contractor argued that a project's complexity required a much higher size standard than the one initially assigned. Case Citation: Venergy Group LLC, SBA No. NAICS-6377 (2026) Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode we discuss the legal and factual sufficiency of evidence considered in Article 120(b)(2)(A) – sexual assault without consent cases in light of CAAF’s recent Mendoza and Casillas opinions. We discuss at length the three legal principles established in Moore to resolve the certified question in all three cases – whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza to find appellee’s sexual assault conviction [legally] and factually insufficient. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we break down the Revolutionary FAR Overhaul (RFO) and its impact on FAR Part 6. We dive deep into the new competition requirements and discuss critical Class Deviations affecting DFARS Part 206. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

On this episode, we break down two recent GAO decisions concerning the General Services Administration’s (GSA) "OneGov" initiative. We examine the protests filed by Ask Sage, Inc. regarding GSA’s $1-a-year modification deals with OpenAI and Anthropic. Join us as we discuss why the GAO dismissed these challenges and what it means for the future of AI procurement in the federal government. Cases discussed: Matter of: Ask Sage, Inc., B-423826 (December 18, 2025); Matter of: Ask Sage, Inc., B-423827 (December 18, 2025); Matter of: Team Wendy, LLC, B-417700.2 (October 16, 2019); Matter of: MCI Telecommunications Corporation, B-276659.2 (September 19, 1997); Matter of: Chase Supply, Inc., B-411528.2, B-411529.2 (September 3, 2015). Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, Maj Fabiani Duarte, Associate Professor in the National Security Law Department, sits down with Mr. Brandon Pugh, the Principal Cyber Advisor to the Secretary of the Army in TJAGLCS’ inaugural vodcast. As the PCA, Mr. Pugh was presidentially appointed & is responsible for advising the Secretary of the Army and the Army Chief of Staff on all cyber matters, including issues of readiness, budget, capabilities, and strategy. Mr. Pugh share’s the Pentagon’s cyber and tech initiatives including the creation of his role, how his office is thinking about the defense of critical infrastructure, and their AI strategy. Mr. Pugh is also currently in the U.S. Army Reserve and serves an associate professor in National Security Law Department at Army JAG School. Mr. Pugh previously served as a paratrooper and international law officer and is a nonresident fellow with the Army Cyber Institute at West Point. He holds a JD from Rutgers Law School and a bachelor’s degree from The College of New Jersey. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we address providency and the applicability of permissive inferences in guilty pleas. We also discuss practical considerations for counsel in making charging decisions, preparing clients for the guilty plea colloquy, and draft stipulations of fact. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

On this Episode, we discuss Other Transactions. We discuss the basics of Other Transactions, how they can be used and the authority that goes along with them. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

On this Episode, we deep dive into Intellectual Property (IP) Law. Mr. Larry Brantley, HQ AMC Intellectual property Counsel, joins us to discuss IP and Data Rights. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

On this Episode, we dive into Intellectual Property (IP) Law. We discuss the different types of IP and discuss IP at basic 101 level. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

On this Episode, Ms. Kristine Hassigner from the Government Accountability Office joins us to talk about 2025 Fiscal Law updates. We deep dive into some of the Impoundment Control Act decisions from this past year. Cases discussed: Dep’t of the Interior—Applicability of the Impoundment Control Act to Pause of Large-Scale Water Recycling and Reuse Program, B-337233 (Comp. Gen. July 23, 2025); Dep’t of Homeland Sec.—Application of the Impoundment Control Act to Reductions in Force, B-337366 (Comp. Gen. July 31, 2025); Inst. of Museum and Libr. Servs.—Applicability of the Impoundment Control Act to Reduction of Agency Functions, B-337375 (Comp. Gen. June 16, 2025). Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).