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Public Procurement Policies Small Business Administration

Venable LLP

Are You One of the 20,000 Self-Certified Service-Disabled Veteran-Owned Small Businesses? Because of a New Regulation, You Should...

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On June 6, 2024, the U.S. Small Business Administration (SBA) published a direct final rule eliminating self-certification for service-disabled veteran-owned small businesses (SDVOSB) when considering contracts for agency...more

Holland & Knight LLP

SBA, DoD-NISP Release Notice on Security Clearance Requirements for Joint Ventures

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The Information Security Oversight Office (ISOO) released a joint notice on Oct. 5, 2023, providing clarifying guidance to agencies on facility security clearances for joint ventures in the National Industrial Security...more

Schwabe, Williamson & Wyatt PC

Federal Government’s Response to Ultima’s Motion

On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more

Holland & Knight LLP

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

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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

PilieroMazza PLLC

SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval

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As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage violated...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

Schwabe, Williamson & Wyatt PC

SBA Proposes Rules that Could Have Significant Impact on ANCs

The SBA has published a notice of “Tribal Consultation for Ownership and Control and Contractual Assistance; Requirements for the 8(a) Business Development (BD) Program and other Planned 8(a) BD Program Regulatory Proposals.”...more

Holland & Knight LLP

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

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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

Stinson - Government Contracting Matters

Flouting Affiliation Rules When Pursuing Small Business Set-Asides Can Lead to FCA Woes

If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.”...more

Obermayer Rebmann Maxwell & Hippel LLP

Avoiding Common Bid Protest Mistakes, Part 6: Bid Protests vs. Size/Status Protests

This will be the final installment of our series on the most common protest mistakes. So far, we have covered pre- vs. post-award protests, the impact of required debriefings on protest deadlines, competitive range protests,...more

Dorsey & Whitney LLP

$4.47 Million False Claims Act Settlement Targets Set-Aside Contractors, Affiliates, and Even Third-Party Bonding Company

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Over three years after the filing of the initial sealed complaint, a New York-based construction company and several affiliates - including its bonding company - have agreed to pay a combined $4.47 million to settle a False...more

Obermayer Rebmann Maxwell & Hippel LLP

Long Awaited Changes to WOSB/EDWOSB Regulations Expected This Summer

Big news for women-owned businesses! It’s certainly been a long time coming, but self-certification for women-owned small businesses is finally on its way out. For those of you unfamiliar with this issue, here’s a little...more

PilieroMazza PLLC

PilieroMazza Drafts Comments To Rin 3245-AG94, Proposed Rule On The Consolidation Of Mentor Protégé Programs And Other Government...

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Dear Ms. Fernandez - We are writing to submit comments on the U.S. Small Business Administration’s (“SBA”) above-referenced proposed rule on amendments to its regulations to merge the 8(a) Business Development Program...more

PilieroMazza PLLC

Column: The Implications of SBA's Proposed Rule Changes for Tribally Owned 8(a) Businesses - Set-Aside Alert

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The Small Business Administration (SBA) recently published a proposed rule (https://bit.ly/2RQhpwb) that would merge its mentor-protégé programs and amend many of its rules governing the 8(a) Business Development program. ...more

Stinson - Government Contracting Matters

Tiered Evaluations: A Lesson in Reasonably Applying Different Rules

It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more

Obermayer Rebmann Maxwell & Hippel LLP

SBA Issues Rule Proposing Changes to the Mentor Protégé Programs

Earlier this month, the Small Business Administration issued a proposed rule, suggesting several significant changes to the SBA’s Mentor Protégé programs. What are the key highlights? We summarize below....more

Williams Mullen

SBA Finally Proposes a Regulation to Harmonize Its Receipts-Based Size Standards with the Small Business Runway Extension Act of...

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On June 24, 2019, the U.S. Small Business Administration (SBA) finally proposed a regulation which would harmonize its receipts-based size standard regulation with the Congressional directive of the Small Business Runway...more

Pillsbury Winthrop Shaw Pittman LLP

SBA Proposes Rule To Implement Runway Act

SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more

Williams Mullen

Congress’ Holiday Gift To Small Businesses – Two Years

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For many businesses, the transition from being a “small business concern” to an “other than small” concern can be traumatic, not unlike the neophyte daredevil being shot out of a circus cannon and hoping that there will be a...more

Miles & Stockbridge P.C.

The Small Business Runway Extension Act of 2018 Is Law, So It’s Five Years Instead of Three, But Starting When?

Miles & Stockbridge P.C. on

On Monday, December 17, 2018, President Trump signed into law the Small Business Runway Extension Act of 2018. To determine whether a federal contractor qualifies as a small business, the yardstick will now be the average of...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2018 #2

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SMALL BUSINESS ADMINISTRATION - 504 Loan Program Rural Initiative: Waiver of Limitation on Lending Authority - According to an article in amazonaws.com, the U.S. Small Business Administration (SBA) announced the 504...more

PilieroMazza PLLC

Pre-Award Protests: An Underutilized Tool

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Drafting a proposal in response to a federal solicitation can be a challenging task. This process becomes even more difficult when the terms of the solicitation are ambiguous, restrictive, or simply incorrect. As a...more

Williams Mullen

No Company is an Island – Part 2: Joint Ventures and Affiliation

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Last time on “No Company is an Island,” we addressed the ways that the traditional prime-subcontractor relationship can result in a determination that two teaming partners are affiliated and, as a result, not a small business...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2017

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CAPITOL HILL - “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce...more

PilieroMazza PLLC

Identity of Interest Affiliation: Everything You Need to Know

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If your company pursues small business set-aside contracts, either as a prime contractor or as a subcontractor, you have to prepare for the possibility of a post-award size protest alleging affiliation. Once the protest is...more

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