The Quill & Sword | The FAR & Beyond Episode 52: Redefining "Small": Unpacking the SBA's Proposed Size Standards Overhaul

In this episode, we review the hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We examine whether a victim's statements to law enforcement were admissible to rehabilitate credibility attacked on the “other ground” of faulty memory in Ruiz, and of inconsistency in Brown, along with CAAF's clarification of Ayala on when both subsections may apply. We provide takeaways on anticipating impeachment, making strategic decisions about highlighting inconsistencies, and using bench briefs to frame the issue for the military judge. 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 mandatory priority ladder for federal procurement, guiding contracting professionals through the essential "rules of the road" for sourcing supplies and services. They also highlight crucial updates on using the Spend Under Management tiers, the relocation of Federal Supply Schedule procedures to the GSAM, and the streamlined three-day explanation process for unsuccessful quoters. 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 unpack two proposed rules from the Small Business Administration (SBA) that could qualify companies with up to half a billion dollars in annual revenue as small businesses. The hosting team breaks down the five major proposed shifts—including massive NAICS code consolidation, a preference for headcount-based standards, and the "hold harmless" policy—detailing exactly how these changes will reshape the "rule of two" and the competitive landscape for federal contractors. 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 dive into the Revolutionary FAR Overhaul (RFO) to explain how FAR Part 8 has been completely restructured, consolidating three FAR parts into one and moving Federal Supply Schedule (FSS) ordering procedures out of the FAR and into the GSAM. We detail essential shifts for acquisition professionals, including the new required-use contract hierarchy, defense-specific deviations, and the strict three-day timeline for providing brief explanations to unsuccessful quoters. 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).

In this episode, we examine the transition from prescriptive checklists to a dynamic acquisition planning process that moves procedural "how-tos" into the non-regulatory FAR Companion Guide. The discussion highlights the unification of consolidation and bundling into a single framework, alongside new transparency requirements designed to protect small business incumbents. 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 review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicity challenge to duplicative Article 128b domestic violence specifications. We examine the tension between waiver and forfeiture, the majority's reliance on the absence of an ineffective assistance of counsel claim, and the dissent's concern that constitutional double jeopardy rights were relinquished without any showing the accused personally understood or intended to give them up. We also discuss the still-unresolved question, left open in both Malone and the subsequent Ford decision, of what constitutes the “unit of prosecution” for Article 128b offenses, and provide takeaways for practitioners on documenting client conversations, charging strategy for “super specs,” and preserving multiplicity issues for appeal. 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 explore the historical roots of sealed bidding and its modern transformation under the Revolutionary FAR Overhaul (RFO), which reorganizes FAR Part 14 into a more accessible, lifecycle-based structure,. The discussion highlights the transition of non-regulatory best practices to the new FAR Companion, the removal of outdated procedures like facsimile bids, and the consolidation of two-step sealed bidding to create a leaner, more organized rulebook. 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 review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under Article 31, UCMJ principles. We examine how the Court of Appeals for the Armed Forces applied Edwards v. Arizona and Davis v. United States, and how the majority and dissent split over whether the words “but um, yeah” were meaningless filler words or introduced genuine ambiguity into the invocation. We provide takeaways for practitioners on evaluating motions to suppress based on the precise wording of a client's request for counsel. 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 the premiere episode of The Backbone, host 1SG Green brings together leaders from across the Judge Advocate General’s Corps for a special National Paralegal Appreciation Day discussion focused on the evolution of Army legal practice, professional development, and the future of the Army’s Paralegal. Joined by CSM Bostic, the 14th Regimental Command Sergeant Major of the U.S. Army Judge Advocate General’s Corps; 1SG Washington, Project Lead for the 27D Paralegal Handbook; SFC Grell, Project Lead for the Legal Technician Standard Training Package (STP); and LTC Wilson, providing the operational Judge Advocate perspective, the panel explores how leadership, doctrine, operational experience, and innovation are transforming the way Army legal professionals support commanders and Soldiers. Together, they discuss the modernization of the 27D Paralegal Handbook, the development of the Legal Technician Standard Training Package (STP), the importance of professional development, and the leadership required to prepare the next generation of Army paralegals. The conversation highlights how doctrine, operational experience, education, and innovation work together to strengthen the Corps and ensure legal professionals remain ready to meet the demands of an evolving operational environment. 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 explore the Revolutionary FAR Overhaul (RFO) of Part 19, which reorganizes small business regulations into acquisition life cycle stages while moving non-regulatory best practices to the FAR Companion. The discussion highlights critical updates for practitioners, such as the mandatory Rule of Two at the master contract level and a new, efficient process for automatically releasing requirements from the 8(a) program. 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/.