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Levels Of Accountability: What Federal Contractors Should Know About Small Business Subcontracting Plans And Compliance Reviews

Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to...more

All Is Not Forgiven: PPP Forgiveness And Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It...more

New Year, New Domestic Preference Restrictions: Trump Final Rule And Biden Executive Order

Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many...more

Access To Capital-Funding Opportunities For Minority-Owned Businesses In Government Procurement (Guide 4 Of 4)

Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of...more

8(A): The Small Business Administration’s Program For Socially & Economically Disadvantaged Businesses (Guide 3 Of 4)

SBA’S 8(A) BUSINESS DEVELOPMENT PROGRAM- WHAT IS THE 8(A) PROGRAM AND WHAT IS IT INTENDED TO DO? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small...more

Small Business Administration (SBA) Programs (Guide 2 Of 4)

Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting. Read on to learn more about some common programs, the basic eligibility...more

Roadblocks Inherent To The Public Procurement Process For Minority-Owned Businesses (Guide 1 Of 4)

In the next four posts, we will share guides specific to federal contracting as a minority-owned small business. Minority-owned businesses often face unique challenges in the public procurement process due to systemic...more

The Economic Aid Act And A Second Round Of PPP Loans

The Consolidated Appropriations Act of 2021, which became law on December 27, 2021, includes a second round of stimulus funding in the form of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act(the...more

M&A In 2020 And Trends For 2021

2020 brought the COVID-19 pandemic and other headline-grabbing challenges, along with “the usual” quadrennial questions around the U.S. election. Early in the year, businesses and dealmakers focused on the pandemic and...more

CIO-SP4 Draft RFP Implications For JV/Partnerships

The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and...more

A Rose By Any Other Name: Offeror Remained The Same Entity For Bidding Purposes Despite Converting From A Corporation To A Limited...

We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S....more

New Small Business Rules: 8(A) Program

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow...more

New Small Business Rules: Capabilities Of Small Business Joint Venture Members And First-Tier Subcontractors

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow...more

SBA Issues Wide-Ranging Final Rule Addressing Government Contracting Programs

The Small Business Administration (SBA) today issued a significant final rule addressing numerous issues of interest to Federal contractors. With one exception, the rule will take effect on November 16, 2020. We anticipate...more

SBA Issues Additional Guidance On PPP Loans And Change Of Ownership

We have received questions from a number of clients about whether SBA’s consent is required for a change of control involving a Paycheck Protection Program borrower. On October 2, SBA provided additional guidance that...more

Proposed Rule To Amend The FAR’s Implementation Of The Buy American Act

Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials –...more

PPP Loan Forgiveness Checklist

The Paycheck Protection Program (PPP), which is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides aid to qualifying small businesses in the form of loans with terms favorable to borrowers,...more

SBA Issues Promised Appeals Procedures For PPP Loan Review Decisions

As we previously reported, when the Small Business Administration (SBA) issued its first Interim Final Rule on SBA Loan Review Procedures and Related Borrower and Lender Responsibilities back in May, SBA explained that it...more

SBA’s Implementation Of The Paycheck Protection Program Flexibility Act In Wave Of New Rules And Application Forms

As we previously reported, the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”) became law earlier this month, introducing numerous changes to the Paycheck Protection Program (PPP). The PPP, which is part...more

Congress Passes PPP Revisions And Advocates For Public Disclosure Of Recipients

In the wake of the massive economic disruption caused by the Coronavirus outbreak, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020. The Payroll Protection Program...more

SBA Issues New Rules On PPP Loan Forgiveness And Loan Review Procedures

Since the inception of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) nearly eight weeks ago, the Small Business Administration (SBA) has issued loans under the Paycheck Protection Program (PPP) that...more

PPP Loan Forgiveness Application Is Finally Here

During these uncertain economic times, the Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) have been a critical lifeline for many small businesses trying to weather the COVID-19 pandemic....more

Are Foreign Employees Included In Calculating Size For PPP’s 500-Employee Size Standard? New Guidance Makes The Answer...

Updated May 18, 2020- As many companies are likely aware by now, Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) provide aid to qualifying small businesses in the form of loans with...more

Are Foreign Employees Included In Calculating Size For PPP’s 500-Employee Size Standard? New Guidance Makes The Answer Unclear

As many companies are likely aware by now, Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) provide aid to qualifying small businesses in the form of loans with terms favorable to...more

Is My Company’s PPP Loan “Necessary To Support Ongoing Operations?” What If I’m Wrong?

This post has been updated on May 6, 2020 with new safe harbor deadline for repayment of PPP loans. Given the proliferation of adverse news articles and TV pundit segments about well-funded companies that have received...more

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