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SBA Issues Additional Guidance on “Need” Certification, Extends Safe Harbor Date to May 18

Just one day before the May 14 safe harbor date for borrowers to repay loans under the Paycheck Protection Program (PPP), the Small Business Administration (SBA) issued additional guidance regarding the good faith “need”...more

Overview of New SBA and IRS Guidance Regarding Paycheck Protection Program, Including the “Need” Certification and PPP Loan...

This alert has been updated to reflect further guidance issued by the Small Business Administration (SBA) on May 5, 2020 indicating that forthcoming rule changes will extend the repayment date for the safe harbor discussed...more

Senate Approves $380 Billion Expansion of CARES Act Small Business Loan Programs

In an effort to dramatically expand the amount of aid made available to small businesses under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the U.S. Senate yesterday approved over $320 billion in additional...more

Are You an Affiliate? Guidance for Physician Practice Management Companies under the Paycheck Protection Program

With the much-anticipated release of the Small Business Administration (SBA) Interim Final Rule on affiliation under the Paycheck Protection Program (PPP) late on April 3, those waiting with bated breath for any clarification...more

Merging Mentoring Programs: SBA’s Proposed Rule to Simplify its Mentor-Protégé Programs

On November 8, 2019, the Small Business Administration (SBA) released an expansive proposed rule to merge its two mentor-protégé programs, while also modifying a number of rules applicable to participants in the program....more

First Small Business Administration OIG Review of the All Small Mentor-Protégé Program Finds Areas for Improvement

In 2016, the Small Business Administration (SBA) established a new government wide mentor-protégé program for small businesses called the All Small Mentor-Protégé Program (ASMPP). The purpose of the program was for...more

SBA OHA Clarifies Present Effect of “Indications of Interest” When Determining Size Status

Late last month, the Small Business Administration’s (SBA) Office of Hearings & Appeals (OHA) issued a decision adhering to its prior line of cases discussing when present effect will be given to an indication of interest...more

SBA’s Busy Year End Yields Lots of Potential Changes for Small Businesses in 2019

December of 2018 brought many potential changes to the U.S. Small Business Administration’s (SBA) regulations that impact small businesses. First, on December 4, 2018, the SBA issued a lengthy proposed rule implementing...more

You “CAN” Avoid Affiliation in Negotiating an Acquisition

Conditioned Agreements to Negotiate (CAN) - When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more

VA Concedes Sole Responsibility for Verifying Veteran Contractor Ownership and Control to the SBA

On September 24, 2018, the U.S. Department of Veterans Affairs (VA) issued a final rule that alters its regulations governing the Veteran-Owned Small Business Verification Program. The final rule, “VA Veteran-Owned Small...more

What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures

Teaming Arrangements under the FAR - Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when: 1. Two or more companies form a partnership or joint venture to act as a potential prime...more

COFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules

Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more

Mentor Protégé Joint Venture Allowed to Proceed with Contract Even Though Ineligible to Bid

In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more

UPDATE: SBA Clarifies Profit Percentages for Joint Ventures under the Small Business Mentor-Protégé Program

As previously reported, on July 22, 2016, the Small Business Administration (SBA) issued a final rule establishing a government-wide mentor-protégé program encompassing all small business concerns....more

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