Corey Rosen
Congress Makes 100% ESOPs Eligible for Sole-Source Follow-on Awards
The National Defense Authorization Act signed into law by President Biden on December 27 contains the first-ever government contracting program to specifically encourage ESOPs. Section 874 of the new law creates a Department of Defense pilot program that would allow companies that are or become 100% ESOP-owned to receive noncompete follow-on contracts for the work. The award would be contingent on a finding that the contractor’s performance was satisfactory or better. The program will run for five years, and the Government Accountability Office is required to provide an assessment of it within three years of the program’s enactment.