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SBA's New Rule Clarifies Role of Minority Equity Holders in Small Businesses and 8(a) Concerns

The U.S. Small Business Administration's (SBA) Final Rule, which takes effect on Jan. 16, 2025, makes a range of substantive changes to the regulatory regime for small business contractors. Holland & Knight previously...more

The Storm Before the Calm: SBA Final Rule Delays Impact of Future Post-M&A Recertifications

The U.S. Small Business Administration (SBA) on Dec. 17, 2024, issued a Final Rule that substantially changes the effect of recertifications of size and socioeconomic status under set-aside contracts following the merger or...more

SBA Proposed Rule Seeks to Expand "Rule of Two" to Multiple Award Contract Task Orders

The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...more

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

SBA Issues More Guidance on Use of 8(a) Program During Ultima Injunction

The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023)...more

End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more

SBA Begins Review of Personal Social Disadvantage Narratives

The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more

FAR Council Publishes Three Final Rules Aimed at Boosting Small Business Contracting

The Federal Acquisition Regulatory (FAR) Council published three final rules on Aug. 11, 2021, amending the FAR to implement changes mandated by various National Defense Authorization Acts (NDAAs) and to homogenize the FAR...more

Guidance for VC-Backed Companies Seeking SBA Paycheck Protection Program Loans Under CARES Act

The U.S. Small Business Administration (SBA) Paycheck Protection Program (PPP) loans available under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are intended for small businesses to support ongoing...more

February 2020 Small Business Roundup

Veteran-Owned Business Priority - In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more

Runway Extended: SBA Issues Final Rule Implementing Five-Year Period of Measurement for Receipts-Based Size Standards

After a year of uncertainty, the U.S. Small Business Administration (SBA) has issued its long-awaited final rule implementing the Small Business Runway Extension Act of 2018. The final rule, which becomes effective on January...more

SBA Issues Proposed Regulations Regarding its Mentor-Protégé Program, Joint Venture Activity and Size Representations and Size...

On November 8, 2019, the Small Business Administration (SBA) issued a substantial proposed rule addressing a plethora of potential changes to the regulations governing small business programs. Below is a snapshot of key...more

SBA NOTICE: Small Business Runway Extension Not Effective Until Rulemaking

To ring in the new year, we have an important update on the Small Business Runway Extension Act. Effective Dec. 21, 2018, Small Business Administration (SBA) issued an internal notice that the Small Business Runway Extension...more

The FAR Councils Drop 10 FAR Amendments in End-of-Fiscal-Year Blitz

On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

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