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
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
5/6/2020
/ Borrowers ,
CARES Act ,
Certificate of Need ,
Certifications ,
Federal Loans ,
Federal Taxes ,
Final Rules ,
Loan Forgiveness ,
New Guidance ,
Paycheck Protection Program (PPP) ,
Safe Harbors ,
SBA ,
Small Business
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
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
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
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
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
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
1/11/2019
/ Federal Contractors ,
Independent Contractors ,
NAICS ,
NDAA ,
New Legislation ,
Proposed Amendments ,
Proposed Regulation ,
Public Comment ,
Recertification ,
SBA ,
Set-Aside Contracts ,
Small Business ,
Subcontractors ,
Trump Administration
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
10/30/2018
/ Acquisitions ,
Affiliated-Business Arrangements ,
Agreement To Negotiate ,
Business Ownership ,
Buyers ,
Contract Negotiations ,
Due Diligence ,
Federal Contractors ,
Letters of Intent ,
Office of Hearings and Appeals (OHA) ,
SBA ,
Sellers ,
Selling a Business ,
Small Business ,
Terms and Conditions
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
9/26/2018
/ Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
Joint Venture ,
NDAA ,
New Rules ,
Ownership Rules ,
SBA ,
SDVOSB ,
Small Business ,
Vendors ,
Verification Requirements ,
Veterans
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
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
1/23/2018
/ Appeals ,
COFC ,
Department of Veterans Affairs ,
NDAA ,
Ownership Rules ,
Proposed Rules ,
Public Comment ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
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
11/14/2017
/ Bid Protests ,
Competitive Bidding ,
Federal Contractors ,
Injunctive Relief ,
Joint Venture ,
NASA ,
Preliminary Injunctions ,
SBA ,
Set-Asides ,
Small Business ,
Standing
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