News & Analysis as of September 19, 2024

Small Business Administration › North American Industry Classification System

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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 -

SBA Proposed Changes to 8(a) Program Impacts Applicants and Participants

PilieroMazza PLLC on 9/19/2024

As PilieroMazza noted recently, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the...more

DBE Certification and NAICS Codes - What You Need to Know

Potomac Law Group, PLLC on 9/3/2024

If you are a business owner who wants to become certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE), you need to show that you can perform work under the...more

Are You Taking Advantage of NAICS Codes Appeals To Compete For Small Business Set-Aside Contracts?

Womble Bond Dickinson on 7/2/2024

When a federal agency issues a small business set-aside contract, it uses North American Industry Classification System (NAICS) codes to determine the size standard that will apply to that contract. The agency must select the...more

OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements

Bass, Berry & Sims PLC on 6/27/2024

In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more

Texas Data Privacy and Security Act: Decoding the ‘Small Business’ Exception

BakerHostetler on 3/12/2024

In a state where everything is bigger, sometimes it helps to be small. The Texas Data Privacy and Security Act (TDPSA), which takes effect on July 1, 2024, includes one of the broadest standards for applicability of any U.S....more

How To Qualify For Federal Small Business Set-Aside Contracts

Dunlap Bennett & Ludwig PLLC on 2/27/2024

Securing federal contracts can be a game-changer for small businesses, offering opportunities for growth and stability. The Small Business Administration (SBA) is crucial in facilitating these opportunities by setting size...more

September 2023 Bid Protest Roundup: Limits To Agency Discretion In Challenge To NAICS Code Assignments, Confines Of The...

Morrison & Foerster LLP - Government... on 11/1/2023

This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the...more

Federal Government’s Response to Ultima’s Motion

Schwabe, Williamson & Wyatt PC on 10/5/2023

On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more

Ultima Files Motion for Additional Equitable Relief

Schwabe, Williamson & Wyatt PC on 9/20/2023

Ultima Services Corp. v. U.S. Dept. of Agriculture‎ - September 19, 2023 Ultima Services Corp. v. U.S. Dept. of Agriculture‎ Shareholder On Friday, September 15, 2023, Ultima Services Corporation (“Ultima”) filed a motion...more

SBA 8(a) Program Regulatory Changes: Size Determinations and Multiple Award ‎Contracts

Schwabe, Williamson & Wyatt PC on 8/23/2023

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Bid Solve Case and Key Considerations for SBAs on Tax Returns

Schwabe, Williamson & Wyatt PC on 8/15/2023

The decision in United States ex. rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., Case No. 1:19-cv-1861 (“Bid Solve”), is an interesting and helpful case because it provides a reminder that while tax returns can be used...more

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

Venable LLP on 6/22/2023

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

Texas Passes Onerous Data Privacy Law

Latham & Watkins LLP on 6/21/2023

The stringent law introduces several novel obligations and a unique approach to determining applicability that may broaden its reach. On June 18, 2023, Texas enacted the Texas Data Privacy & Security Act (TDPSA), which...more

Government Contracts Legal Round-Up - June 2023 Issue 11

Jenner & Block on 6/15/2023

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Important May 30, 2023 Changes to the SBA’s Mentor-Protégé and Joint Venture Regulations

Womble Bond Dickinson on 6/13/2023

On May 30, 2023, the Small Business Administration’s (“SBA”) Final Rule on Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program (the “Final Rule”) became effective. The Final...more

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

Schwabe, Williamson & Wyatt PC on 6/1/2023

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

McCarter & English Blog: Government Contracts... on 5/17/2023

On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at...more

SBA’s 8(a) Business Development Program

Dunlap Bennett & Ludwig PLLC on 5/2/2023

What is the 8(a) program? The 8(a) Business Development program or 8(a) program assists small-disadvantaged businesses to compete in the American economy and Federal marketplace. The 8(a) program provides a range of...more

Preparing for New SBA Certification Requirements for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses

Foley & Lardner LLP on 12/15/2022

On November 29, 2022, the Small Business Administration (SBA) published a Final Rule, requiring all Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) to obtain...more

SBA Recognizes Inflation in Size Standards, Eligibility for 8(a) and EDWOSB Programs

Fox Rothschild LLP on 12/6/2022

This month it becomes easier to qualify for and remain in the Small Business Administration’s (SBA) programs as a direct result of high inflation over the last year. Notably, the SBA increased the maximum income, net worth,...more

SBA Inflationary Increase: Size Standards, Economic Disadvantage, and 8(a) Sole Source Thresholds

Maynard Nexsen on 12/5/2022

On November 17, 2022, the Small Business Administration (“SBA”) issued a final rule and several interim final rules effective December 19, 2022 that upwardly adjust some of SBA’s monetary thresholds for inflation. The changes...more

SBA Adjusts Standards and Thresholds for EDWOSB and 8(a) Business Development Programs

Schwabe, Williamson & Wyatt PC on 11/22/2022

Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim...more

SBA to Increase Size Standards and Program Thresholds Due to Inflation

Bradley Arant Boult Cummings LLP on 11/21/2022

The U.S. Small Business Administration (SBA) recently published a final rule on its 2019 interim final rule that adjusted monetary-based industry size standards (i.e., receipts- and assets based) for inflation which has...more

SBA Proposes Revisions to Ownership and Control Requirements for the 8(a) Business Development Program

PilieroMazza PLLC on 10/24/2022

As PilieroMazza noted recently here, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, primarily those that are participants in the 8(a) Business Development...more

SBA Issues Final Rule on 2022 NAICS Code Update

Schwabe, Williamson & Wyatt PC on 10/14/2022

On September 29, 2022, the U.S. Small Business Administration (SBA) issued a final rule amending its small-business size regulations to incorporate the U.S. Office of Management and Budget’s (OMB) North American Industry...more

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Small Business Administration › North American Industry Classification System

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