We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more
We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more
1/8/2025
/ Bid Protests ,
Competition ,
Compliance ,
Contract Terms ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Government Agencies ,
HUBZone ,
Procurement Guidelines ,
Protests ,
Recertification ,
Regulatory Requirements ,
Rulemaking Process ,
SBA ,
Set-Asides ,
Small Business
In a lengthy and complex effort, the U.S. Small Business Administration (SBA) issued a final rule on December 17, 2024, that amended many requirements related to small business contracting. As with most rules, there are some...more
12/19/2024
/ BPA ,
Buyers ,
Federal Contractors ,
General Services Administration (GSA) ,
Investment ,
Minority Shareholders ,
Recertification ,
SBA ,
SDVOSB ,
Set-Aside Contracts ,
Shareholders ,
Small Business ,
Women-Owned Businesses
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. ...more
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...more
The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs). One of the...more
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...more
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act...more
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more
Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule...more
On May 19, 2023, the General Services Administration (GSA) issued Multiple Award Schedule (MAS) solicitation refresh 16, which introduced a formal offer process for joint ventures. To provide guidance on navigating those...more
Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive...more
The Government Accountability Office (GAO) has issued an important new decision in the protest of AttainX,Inc ., B-421216, B-421216.2, Jan. 23, 2023, 2023 WL 1860802. The decision addresses how agencies must evaluate the...more
The Small Business Administration’s (SBA) popular shields from affiliation for all-small and mentor-protégé joint ventures are powerful tools for helping small businesses succeed in the federal procurement marketplace. These...more
Earlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a...more
Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that...more
The Chief Information Officer-Solutions and Partners 4 (CIO-SP4) procurement of the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC) has garnered a great deal of attention....more
After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among...more
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more
12/15/2020
/ Bid Protests ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
DFARS ,
Federal Contractors ,
Financing ,
NDAA ,
Progress Payments ,
SBA ,
Small Business ,
Software ,
Subcontractors
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
In this month’s bid protest roundup (featured on Law360), we consider three protest decisions the GAO released in the month of July, each of which provides important guidance for companies competing for government...more
Those familiar with Federal procurements know the general rule: If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the...more
One of the easiest small business affiliation rules to apply is that a person that owns “50 percent or more of a concern’s voting stock . . . controls or has the power to control the concern.” 13 C.F.R. § 121.103(c)(1). It...more
In response to President Trump’s Executive Order to reduce regulatory burdens and control regulatory costs, the U.S. Small Business Administration (SBA) has proposed a rule to amend its regulations for the Historically...more