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SBA Eliminates Self-Certification for SDVOSBs

The U.S. Small Business Administration (SBA) recently issued a direct final rule that eliminates self-certification for service-disabled veteran-owned small businesses (SDVOSBs). The SBA’s final rule — which implements a...more

Bid Protests in Illinois

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (e.g., our posts on “Bid Protests in North Carolina,” “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,”...more

PPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023

The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. DOJ reports that “matters that...more

Size Protest Amendments to the FAR Are Coming

The U.S. Small Business Administration (SBA) has made multiple changes to its regulations over the last decade, including final rules published in the Federal Register on October 2, 2013 (78 FR 61113), October 16, 2020 (85 FR...more

SBA Finalizes Rule on Increased Size Standards and Program Thresholds

The U.S. Small Business Administration (SBA) recently issued a rule that finalizes, without change, the SBA’s November 17, 2022 interim provisions that adjusted monetary-based industry size standards (i.e., receipts-and...more

Falsely Certifying Receipts for Small Business Government Contractors Can Result in False Claims Act Liability

The U.S. District Court for the District of Columbia, in U.S. ex rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., et al., recently issued a decision in a False Claims Act (FCA) case that has potentially far-reaching...more

GAO Issues Noteworthy Protest Decision on Joint Venture Experience

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more

FAR Council Issues Final Rule on Accelerated Payments to Small Businesses

The Federal Acquisition Regulation (FAR) Council recently published a final rule to implement a policy that provides for accelerated payments to small business prime contractors and small business subcontractors. This...more

SBA to Increase Size Standards and Program Thresholds Due to Inflation

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 Expands Past Performance Universe for Small Businesses

The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime...more

SBA Adopts 24-Month Period for Employee-Based Size Determinations

The U.S. Small Business Administration (SBA) recently issued a final rule adopting a 24-month — as opposed to the current 12-month — average to calculate a business’s number of employees for eligibility purposes in all SBA...more

PPP Appeal Process Overview

In 2022, there will inevitably be an uptick in the number of appeals of Small Business Administration (SBA) loan decisions in the Paycheck Protection Program (PPP) context. This is due simply to the passage of time, to the...more

Infrastructure Bill Appropriates Funds to Disadvantaged Business Enterprises

H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden....more

WOSB/EDWOSB Amendments to the FAR Are Here

The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) recently proposed a series of noteworthy amendments to the Federal Acquisition...more

PPP Deferment Extended for Borrowers Who Appeal Forgiveness Decisions

The Small Business Administration (SBA) recently issued an interim final rule that extends the deferment period for Paycheck Protection Program (PPP) borrowers who appeal final SBA loan review decisions. Prior to the...more

FAR Limitation on Subcontracting Rules Are Finally Here!

In 2016, the Small Business Administration (SBA) updated its regulations pertaining to limitations on subcontracting. Five years later, on August 11, 2021, the Federal Acquisition Regulation (FAR) Council finally followed...more

SBA Extends 8(a) Program Terms by One Year

On January 13, 2021, the Small Business Administration (SBA) issued an interim final rule to, among other things, amend § 124.2 of its regulations to incorporate the optional program term extension for small business concerns...more

SBA Issues Sweeping Regulatory Changes in Response to Presidential Initiative

The Small Business Administration (SBA) recently published a much-anticipated final rule on a series of important regulatory amendments, including the: • Consolidation of the 8(a) Business Development (BD) Mentor-Protégé...more

Practical Implications of DoD $100 Million 8(a) Sole-Source Threshold Increase

We recently wrote about the Department of Defense (DoD) amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring defense contracting agencies to issue sole-source...more

All Small Mentor-Protégé Program 2020 Mid-Year Report

The Small Business Administration (SBA) began accepting applications for the All Small Mentor-Protégé Program (ASMPP) in 2016 and has seen a surge in applications in each successive year. Under the ASMPP, any small...more

SBA Issues Interim Final Rule on PPP Loan Forgiveness

Under the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business...more

SBA Issues Long-Awaited Rule on Women-Owned Small Business Certification

The Small Business Administration (SBA) recently published its long-awaited final rule implementing a 2015 statutory requirement to certify Women-Owned Small Business Concerns (WOSBs) and Economically Disadvantaged...more

SBA Updates “Economic Uncertainty” Certification Guidance

The Small Business Administration issued an important update to its answers to frequently asked questions about the Paycheck Protection Program (PPP) on May 13, 2020: Question: How will SBA review borrowers’ required...more

SBA’s New Corporate Group Limitation and Additional PPP Loan Guidance

In the last few days, the Small Business Administration (SBA) provided additional answers to frequently asked Paycheck Protection Program (PPP) questions and published yet another interim final rule on the administration of...more

PPP Funds Expanded and SBA Provides Continued Guidance on PPP Loans

On April 24, 2020, the Paycheck Protection Program and Health Care Enhancement Act was signed into law and provided an additional $310 billion for the Paycheck Protection Program (PPP). The Small Business Administration (SBA)...more

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