News & Analysis as of

Small Business Administration

The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA... more +
The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -

Contractors: Be on the Lookout to Challenge Unreasonable Agency Procurements

by Polsinelli on

Since government agencies are given substantial discretion in creating solicitations and evaluating proposals, contractors are frequently at a disadvantage in identifying and challenging improprieties. But that discretion is...more

Control is a Key Element in Determining Affiliation for SBA Small Business Size Determination

by Polsinelli on

The most common reason for contractors failing to meet the Small Business size standards set by the Small Business Administration (SBA) is because they are found to be affiliated with other companies, such that one company...more

Understanding the Extended Surviving Spousal Protections for SDVOSBs

by PilieroMazza PLLC on

A surviving spouse, who is not a Service-Disabled Veteran, must satisfy specific criteria in order to continue running a company as though it remained a Service-Disabled Veteran-Owned Small Business (“SDVOSB”). This right is...more

Weekly Update Newsletter - March 2017 #4

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Investment Companies: Passive Business Expansion and Technical Clarifications - The delayed effective date for SBA’s final rule on Passive Business Expansion and...more

SBA Further Delays Rule on SBIC Passive Business Financing

by Pepper Hamilton LLP on

The rule has been further delayed to enable SBA to consider further the rule's impact on the SBIC program and its participants, and to make necessary determinations regarding the rule’s effects on SBAs examination and...more

Congress Makes Confusing Changes to the VA's Verification Program

by PilieroMazza PLLC on

The 2017 National Defense Authorization Act (“NDAA”), Pub. L. No. 114-328, which was signed into law on December 23, 2016, contains several notable changes to the current structure of the U.S. Department of Veterans Affairs’...more

Weekly Update Newsletter - March 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Administrator Honors Nation’s Top Small Businesses.” Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda...more

Weekly Update Newsletter - March 2017 #2

by PilieroMazza PLLC on

“Senate Narrowly Passes Repeal of Obama Fair Pay, Safe Workplace Rule.” Government Executive, March 6, 2017. Retrieved from http://www.govexec.com. - The Senate narrowly approved, by a vote of 49-48, a House-passed...more

Weekly Update Newsletter - March 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Presidential Executive Order on Enforcing the Regulatory Reform Agenda - This Executive Order instructs the head of each agency to designate an agency official as its Regulatory Reform Officer...more

FRANCHISOR 101: Simplification of SBA Loan Approvals

by Lewitt Hackman on

As independent small business operators, franchisees may qualify for business loans that are guaranteed by the Small Business Administration ("SBA loans"). However, the SBA considers certain types and levels of control...more

SBA Size Standards Under the Microscope

by PilieroMazza PLLC on

SBA's size standards are one of the agency's most important metrics. The size standards draw a bright line between small and large businesses for each industry by NAICS code. A firm that is below the size standard for its...more

Weekly Update Newsletter - February 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Procedural Rules and Regulations - The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate...more

Government Contracts: Advantages for Small Business Concerns

by Foley & Lardner LLP on

Linda McMahon, former chief executive officer of World Wrestling Entertainment, was confirmed by the Senate on February 14, 2017, to lead the Small Business Administration (SBA). It’s expected her work will revolve...more

Identity of Interest Affiliation: Everything You Need to Know

by PilieroMazza PLLC on

If your company pursues small business set-aside contracts, either as a prime contractor or as a subcontractor, you have to prepare for the possibility of a post-award size protest alleging affiliation. Once the protest is...more

Keep an Eye Out for Identity of Interest Affiliation

by PilieroMazza PLLC on

Anyone who does business with a small business government contractor will always want to be aware of any potential bases for affiliation that might arise. However, the so-called “identity of interest” affiliation, as...more

Weekly Update Newsletter - February 2017 #2

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Civil Monetary Penalties Inflation Adjustments The Small Business Administration has issued an interim final rule amending its regulations to adjust for inflation the amount of certain...more

Weekly Update Newsletter - February 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs - On January 30, 2017, President Trump issued an executive order requiring for every one new federal...more

Court of Federal Claims Applies a 150 Employee Size Standard to ITVAR Non-Manufacturers

by PilieroMazza PLLC on

The Court of Federal Claims (“Court”) has issued a bid protest decision which stated, in apparent dicta, that a concern must satisfy a 150-employee standard under the Information Technology Value Added Resellers (“ITVAR”)...more

Key Issues for Due Diligence of Government Contracts – Part I

by PilieroMazza PLLC on

Comprehensive due diligence review of any target company is imperative when determining whether to buy another company. Layer on the fact that the target company has government contracts then several unique issues must also...more

How to Qualify as a Women-Owned Small Business

by Varnum LLP on

Last year, we wrote about the opportunities available to businesses owned by service-disabled veterans. There are also programs available to provide similar advantages to women-owned businesses. One such program is the...more

It’s a New Year, Are You Still a Small Business?

by PilieroMazza PLLC on

It is a new year, and this is the perfect time for a small business to consider whether it still qualifies as a small business. We recommend that small businesses assess their size at least once a year. Because eligibility...more

SBA Delays Rule on SBIC Passive Business Financing

by Pepper Hamilton LLP on

On January 26, the U.S. Small Business Administration (SBA) published a Notice, delaying the effective date of a recent Final Rule that was set to modify SBA’s regulations on the ability of a small business investment company...more

SBA Changes the Game

by Baker Donelson on

On November 22, 2016, the Small Business Administration released SOP 50 10 5(I) (the "SOP"), which is administrative speak for new standard operating procedures affecting loans to businesses involved in franchising. The...more

SBA Adopts Final Passive Business Rule Impacting BDCs with SBIC Subsidiaries 

On December 28, 2016, the Small Business Administration (SBA) released the final version of the Passive Business Rule (the New Rule) under § 107.720 of the small business investment company (SBIC) regulations. Among other...more

Description of the Small Business Investment Company Program Participation by Unleveraged Funds

by Pepper Hamilton LLP on

A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the United States Small Business Administration (SBA)....more

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