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 -

Be Prepared – Be Proactive About Defending Size Protests

by PilieroMazza PLLC on

Imagine that after months of diligently working on a proposal for a set-aside contract, you learn that your company has been identified as the apparent successful offeror. Then, a few days later, you receive an email from the...more

Weekly Update Newsletter - July 2017

by PilieroMazza PLLC on

CAPITOL HILL - “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce...more

The Importance of a Carefully-Drafted Work-Share Provision - Set-Aside Alert

by PilieroMazza PLLC on

Subcontracts contain a number of important provisions that shape the relationship between a prime contractor and its subcontractor. However, there is one provision that overshadows the rest in terms of its significance to the...more

A Quick Guide to Phantom Stock and Stock Appreciation Rights

by PilieroMazza PLLC on

In the government contracting world, companies are often reluctant to create true equity incentive plans, such as options and restricted stock units. Small businesses have valid reasons for hesitating to offer equity to new...more

Borrowing Under the SBA’s 7(a) Lending Program: Three Factors to Bear in Mind

by PilieroMazza PLLC on

As an entrepreneur or a small business owner, you know that access to capital is a crucial component in both the setting up and growing of your business. Capital is necessary at every stage, for example, enabling your...more

Size Protest Update: Can The SBA Rely On Tax Returns Filed After The Date Of Self-Certification?

by Fox Rothschild LLP on

The baseline rule for SBA size protests is that a business’s size (for a receipts-based size standard) is determined by looking at the average annual receipts for the last three completed fiscal years. But what if a...more

All Small Mentor-Protégé Program Mid-Year Report: Fast Figures Small and Large Businesses Need to Know

The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in the first six months of 2017....more

Weekly Update Newsletter - June 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Ignite Tour Blazes Across the Country.” Small Business Administration Press Release, June 21, 2017. Retrieved from sba.gov. - Administrator Linda McMahon announced that she will...more

Weekly Update Newsletter - June 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - “GSA Adds Hundreds of Small Businesses to the 8(a) STARS II GWAC Contract.”GSA Press Release, June 15, 2017. Retrieved from gsa.gov. The GSA 8(a) STARS II Governmentwide Acquisition Contract...more

Weekly Update Newsletter - June 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals - The U.S. Small Business Administration (“SBA”) has amended the rules of practice of its Office of Hearings...more

New Option for Past Performance Ratings - Set-Aside Alert

by PilieroMazza PLLC on

The difficulties faced by small businesses lacking past performance ratings in winning federal contracts are well known. Please see full Alert below for more information....more

SBA Further Delays the Adoption of the SBIC Passive Business Rule Impacting BDCs with SBIC Subsidiaries

On May 2, 2017, the Small Business Administration (SBA) published a notice (the May 2 Notice), delaying the effective date of the final rule of the Passive Business Rule (the New Rule) under § 107.720 of the small business...more

House Bill Would Limit Credit for Small Businesses Falling into Multiple Socioeconomic Categories

by PilieroMazza PLLC on

A recent bill introduced in the U.S. House of Representatives seeks to amend the Small Business Act to limit the way agencies take credit for contracting with small businesses that fall into several socioeconomic categories....more

Weekly Update Newsletter - May 2017 #3

by PilieroMazza PLLC on

SBA Administrator Linda McMahon Appoints Four Senior Executives, SBA PRESS RELEASE (May 25, 2017) - Administrator Linda McMahon of the U.S. Small Business Administration (SBA) announced the appointment of four new...more

DOJ Continues to Crack Down on SBA Fraud

by Alston & Bird on

On April 25, 2017, the DOJ announced that Michelle Cho, an officer of Far East Construction Corporation and other companies, received both prison time and civil penalties for her involvement as the mastermind of a fraudulent...more

New CVE Guidance on Joint Ventures and Mentor-Protégé Relationships

by PilieroMazza PLLC on

Earlier this month, the VA’s Center for Verification and Evaluation (“CVE”) published a new VA Verification Assistance Brief, Understanding Joint Venture and Mentor-Protégé Agreement Eligibility (“Assistance Brief”). The...more

SBA Delays (Again) the Rule on SBIC Passive Business Financing

by Pepper Hamilton LLP on

On May 2, the U.S. Small Business Administration (SBA) published a Notice, delaying for an additional 90 days the effective date of a recent Final Rule that modifies SBA’s regulations on the ability of a small business...more

Navigating Your DBE Certification

by PilieroMazza PLLC on

The Department of Transportation’s (“DOT”) Disadvantage Business Enterprise (“DBE”) program is not as well-known as the Small Business Administration’s (“SBA”) 8(a) and other small business programs, but it offers an...more

GAO Finds NIH Failed to Refer SDVOSB Offeror’s Capability to SBA

by PilieroMazza PLLC on

In a recently published GAO decision, GAO sustained a SDVOSB’s protest of its exclusion from the competitive range by NIH under the CIO-SP3 SB GWAC procurement. The CIO-SP3 SB RFP required an evaluation of proposals in...more

Weekly Update Newsletter - April 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards - The U.S. Small Business Administration (“SBA”) has issued a proposed...more

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

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