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SBA Will Pause Certification Applications During Website Maintenance

On August 1, 2024, the Small Business Administration (SBA) will temporarily stop accepting applications for small-business certifications while it upgrades the certify.sba.gov website. This will affect new applications and...more

Coming Soon: Long-Awaited Updates to FAR Small Business Rules

After several years of disjointed regulations between the Small Business Administration ("SBA") and the Federal Acquisition Regulation ("FAR") related to the limitations on subcontracting, revised FAR regulations are on the...more

8(a) Program's Future in Question as New Arguments are Raised in Federal Court

As the Small Business Administration ("SBA") has scrambled to adapt to the July 19, 2023, federal court decision that found the 8(a) program's rebuttable presumption of social disadvantage for certain races and ethnicities to...more

SBA Temporarily Halts New 8(a) Applications in Wake of Federal Court Decision

The Small Business Administration (SBA) has temporarily suspended new applications to the 8(a) Business Development Program while it revises the application questionnaire in light of the recent decision from the District...more

SBA’s Sweeping Changes to 8(a) Regulations Go Live May 30

Amendments to small-business development program affect joint ventures, the ostensible subcontractor rule, and ownership changes Numerous changes to the Small Business Administration's (SBA) 8(a) program regulations go...more

New Consolidated SBA Mentor/Protégé Rule Is in Effect - Three-in-Two Rule Eliminated

The Small Business Administration's (SBA) final rule consolidating the 8(a) Mentor/Protégé Program into the All-Small Mentor/Protégé Program is now in effect as of November 16, 2020. The rule, issued on October 16, 2020,...more

Different NAICS Codes and Industries Does Not Prevent Finding of Affiliation

In a recent decision the Small Business Administration’s Office of Hearings and Appeals (“OHA”) affirmed a determination that a company was other than small based on the company’s failure to provide adequate information in...more

OHA Confirms Competitors Cannot Protest 8(a) Sole Source Awards

In a decision issued on April 3, 2018, the SBA Office of Hearings and Appeals (“OHA”) confirmed competitors do not have standing to file size protests relating to 8(a) sole source awards. In Size Appeal of GovSmart, Inc., SBA...more

Changes to HUBZone Ownership Requirements

The SBA issued a final rule on March 26, 2018, implementing changes flowing from the National Defense Authorization Act of 2018 (“NDAA 2018”). The rule takes effect on May 25, 2018. One of the major changes relates to the...more

OHA Clarifies Ostensible Subcontractor Rule

At the end of last year, the Small Business Administration Office of Hearings and Appeals (“OHA”) issued a decision that further clarified the “ostensible subcontractor” rule. This rule may result in affiliation when a small...more

SBA Issues New Proposed Rule to Consolidate SDVOSB Eligibility Rules

On January 29, 2018, the SBA issued a proposed rule to address and resolve the existing conflicts between the current eligibility requirements in the SBA and VA regulations. This action comes after specific direction in the...more

COFC Ruling Confirms Harsh SBA Decision Regarding Ownership Requirements of SDVOSBs

In late December, the Court of Federal Claims upheld an SBA decision revoking a Service Disabled Veteran Owned Small Business’ (“SDVOSB”) status on the basis the business failed in the unconditional ownership requirement set...more

1/8/2018  /  COFC , SBA , SDVOSB , Veterans

Trump Taps Linda McMahon to Lead SBA

On December 7, 2016, President-elect Donald Trump announced he will nominate former professional wrestling executive Linda McMahon as the head of the Small Business Administration. McMahon, 68, is the former CEO of the WWE,...more

Final FAR Rule Proposed for Small Business Set-Asides on Multiple Award Contracts

On Tuesday, Dec. 6, 2016, the Federal Acquisition Regulatory Council published a proposed rule aimed at finalizing regulations for small business set aside contracts in multiple award procurements. The new rule allows more...more

SBA Adds Training Module to Mentor-Protégé Applications

Small and large businesses seeking to take advantage of the Small Business Administration’s (SBA) new All Small Mentor-Protégé Program will now have to jump through an extra hurdle as part of the application process. The...more

SBA to Start Accepting Mentor-Protégé Applications

On Oct.1, 2016, the Small Business Administration (SBA) will begin accepting applications for the new All Small Mentor-Protégé Program. This program has been several years in the making and follows authorizations in the...more

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