News & Analysis as of

Eligibility Federal Contractors

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

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On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

PilieroMazza PLLC

[Webinar] SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small...

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Join PilieroMazza’s Meghan Leemon as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on...more

Wiley Rein LLP

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

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We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

Potomac Law Group, PLLC

What is a Disadvantaged Business Enterprise Summary Suspension?

If you are a business owner who is certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE) by the U.S. Department of Transportation (DOT), you should be aware...more

Potomac Law Group, PLLC

An Overview of the HUBZone Program

By: Danielle Dietrich Are you a small business owner looking for opportunities to compete for federal contracts and grow your business? If so, you may be interested in becoming a certified HUBZone small business concern...more

PilieroMazza PLLC

Preparing for Major Changes to DOT’s Disadvantaged Business Enterprise DBE Program

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The Department of Transportation (DOT) recently published a final rule making significant changes to the agency’s Disadvantaged Business Enterprise (DBE) Program which take effect on May 9. The rule aims to improve the...more

Schwabe, Williamson & Wyatt PC

U.S. District Court Bars Racial Criteria for Minority Business Development Agency Programs

On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more

Schwabe, Williamson & Wyatt PC

Mid-America Case Challenges the DOT’s Use of a Rebuttable Presumption

On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky. Raising the...more

Proskauer - Government Contractor Compliance...

VETS-4212 Deadline Quickly Approaching: File by September 30, 2023

As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports....more

Holland & Knight LLP

SBA Begins Review of Personal Social Disadvantage Narratives

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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

McCarter & English Blog: Government Contracts...

The Continuing Saga of 8(a) Social Disadvantage Eligibility

In what is quickly becoming an epic saga centered around the repercussions from the Ultima Servs. case, 8(a) program participants should have received a direct communication from the Small Business Administration (SBA) on...more

McCarter & English Blog: Government Contracts...

SBA Confirms Social Disadvantage Narrative Is Required for Program Participants

For those of you eagerly awaiting news on the recent shake-up of the Small Business Administration’s (SBA) 8(a) program, I have updates! Consistent with industry predictions, SBA will now require all applicants and certain...more

Bass, Berry & Sims PLC

SBA Issues Interim Guidance on 8(a) Program Following Ultima Ruling

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On July 19, the U.S. District Court for the Eastern District of Tennessee ruled in favor of Ultima Services Corporation, prompting the pause of new 8(a) applications and necessitating a reorganization of the program’s...more

McCarter & English Blog: Government Contracts...

.SBA Cries Time Out! Temporary Suspension of New 8(a) Applications Following Ultima Servs.

As many GovCon news junkies following recent events had predicted, the Small Business Administration (SBA) just “temporarily suspended” new 8(a) application submissions. For those of you who haven’t been following along the...more

Bass, Berry & Sims PLC

DOD’s Mentor Protégé Program Drops “Pilot” From Title as the NDAA Codifies the Initiative

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On December 15, the U.S. Senate passed the National Defense Authorization Act (NDAA) for the Fiscal Year 2023 by an 83-11 vote. The annual legislation changes U.S. defense agencies’ policies and regulations and provides...more

PilieroMazza PLLC

[Webinar] Update on DOT’s DBE Program for Construction Contractors - October 19th, 2:00 pm - 3:00 pm ET

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With both the Infrastructure Act and the Inflation Reduction Act bringing billions of dollars in new funding to state and local infrastructure projects, the contracting community is focusing its attention on DOT’s...more

Bass, Berry & Sims PLC

SBA Enlarges Small Business Pool through New Rule Change

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On June 6, the U.S. Small Business Administration (SBA) issued a final rule modifying its methodology for calculating the size of small businesses using an employee-based size standard and authorizes businesses participating...more

Sheppard Mullin Richter & Hampton LLP

Small Business Federal Government Contracting Dollars Continue to Increase

The U.S. Small Business Administration (“SBA”) recently announced that, yet again, the federal government exceeded its small business contracting goal by awarding $145.7 billion dollars in federal prime contracts – 26.01% of...more

Husch Blackwell LLP

GAO Confirms Yet Another Benefit Of Mentor-Protégé Programs

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Mentor-protégé programs, such as the government-wide one at the SBA for all small business concerns, are designed to help small contractors engage in federal contracting by allowing larger, more experienced mentor firms to...more

Stinson - Government Contracting Matters

DoD COVID-19 Vaccine Policy Seeks Wider Distribution of Vaccine to Government Contractor Employees to Secure the DIB – Contractors...

As government contractors, you have been caught between the Scylla and Charybdis of the COVID-19 pandemic. On the one hand, you have been required to continue to perform your government contracts to ensure the safety and...more

PilieroMazza PLLC

Understanding and Avoiding Affiliation Under Small Business Contracting Programs

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SBA’s affiliation rules are a key component of eligibility for all small business federal procurement programs. Indeed, whether two firms are affiliated can make the difference between winning or losing a protest and a...more

Morgan Lewis

CARES Act National Security Loans Available to a Limited Number of Defense Contractors

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The US Department of the Treasury recently began accepting loan applications from qualifying Defense Industrial Base contractors, with a short deadline of May 1, 2020, to submit the application for expedited review....more

PilieroMazza PLLC

[Webinar] The Paycheck Protection Program: SBA's John Klein and Sam Le Answer Your Questions in a Live Town Hall - May 4th, 2:00...

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With the government’s second round of funding relief for small businesses underway through SBA’s Paycheck Protection Program, small businesses have legitimate concerns about not receiving much-needed funding. How can you be...more

Foley Hoag LLP - Medicaid and the Law

Latest HHS Financial Report Highlights Medicaid Eligibility Errors – and Foreshadows Future Actions

On November 19, 2019, CMS announced key results from the 2019 HHS Agency Financial Report, which generally provides fiscal and high-level performance data for HHS for the reporting period of October 1, 2018 through September...more

Hogan Lovells

Small Business Runway Extension Act of 2018 Becomes Law: Increases Revenue Look-back Period to Five Years for Small Business Size...

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On December 17, 2018, the Small Business Runway Extension Act of 2018 (“Act”) (H.R. 6330) was passed by President Trump into law. ...more

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