News & Analysis as of

Small Business Administration

The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA... more +
The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -

SBA Publishes Final Rule Regarding Ability of SBICs to Finance Passive Businesses

by Pepper Hamilton LLP on

Following a series of delays, on August 18 the U.S. Small Business Administration (SBA) announced that it would withdraw the Final Rule modifying its regulations on the ability of a small business investment company (SBIC) to...more

Learning from Bid Protests: Don’t Lose Your Protest Before You Begin

by Bass, Berry & Sims PLC on

The U.S. Government Accountability Office (GAO) recently published four protest decisions that were all denied due to timeliness issues. This string of cases serves as a reminder that no matter how strong a protest’s basis...more

Weekly Update Newsletter - October 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Women-Owned Small Business Federal Contract Program NAICS Code Updates - The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System...more

It’s a Woman’s World: Women-Owned Business (Certification and Benefits)

Business owners are often aware that there are special opportunities available to businesses owned by women, minorities, veterans and certain other groups. However, it is sometimes unclear exactly what those opportunities...more

Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?

by PilieroMazza PLLC on

Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what...more

Hurricane Maria's Aftermath: Highlights of Available Government Assistance for Puerto Rico Residents

by Littler on

On September 20, 2017, Puerto Rico suffered the catastrophic impact of Hurricane Maria, which savaged the Island, taking down all communications systems, severely damaging or completely destroying many homes and roads, and...more

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

by Williams Mullen on

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

Important Update Regarding 8(a) Applications

by PilieroMazza PLLC on

Seemingly without notice, this past weekend, SBA updated its General Login System (“GLS”) to no longer allow new 8(a) applicants to create a profile in GLS. This is so that SBA can launch their streamlined and modernized 8(a)...more

SBA Office of Hearings and Appeals Reaffirms "Unconditional Ownership" Requirement in the SBA SDVOSB Program

by PilieroMazza PLLC on

A recent case reinforces that, just because the corporate governing documents of an SDVOSB satisfy the unconditional ownership requirements for VA’s SDVOSB set aside program, does not mean that the unconditional ownership...more

Weekly Update Newsletter - September 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “Rules of Practice for Protests and Appeals Regarding Eligibility for Inclusion in the U.S. Department of Veterans Affairs, Center for Verification and Evaluation Database” ...more

New GAO Decision Emphasizes “Should Have Known” Element Of Bid Protest Timeliness

by Fox Rothschild LLP on

The most common basis to establish timeliness for a Government Accountability Office (GAO) bid protest is found in Section 21.2 of the GAO’s regulations. Under the regulation, the protester must file the protest “not later...more

When Disaster Strikes: Picking up the Pieces

by Strasburger & Price, LLP on

The last few weeks have been a struggle for many Americans dealing with natural disasters. As employers and businesses attempt to make sense of losses and get back to business, below are some suggestions that may help during...more

How Loans Can Impact Size and Status

by PilieroMazza PLLC on

It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential...more

Weekly Update Newsletter - September 2017 #2

by PilieroMazza PLLC on

CAPITOL HILL - “Serving Small Businesses: Examining the Effectiveness of HUBZone Reforms” House Small Business Committee Press Release, September 13, 2017. Retrieved from smallbusiness.house.gov - The House Small...more

Weekly Update Newsletter - September 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Department of Veterans Affairs Withdrawal of Proposed Rule. Federal Register, September 1, 2017. Retrieved from federalregister.gov - The Department of Veterans Affairs (VA) published a rule in...more

Substantively Non-Protestable Issues (Post-Award Protest Primer #8)

In our last post, we discussed a few procedural rules that can exclude an otherwise meritorious ground from protest. There are also a number of substantive issues that the GAO’s rules exclude from review. See 4 C.F.R. §...more

FEMA – Who, What, When, and How of Filing Claims, Part 2

by Jackson Walker on

The Federal Emergency Management Agency (FEMA) is responsible for implementing the Robert T. Stafford Disaster Relief and Emergency Act, which authorizes federal assistance when the President issues a federal declaration for...more

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The...more

SBA Size Update: Strategies For Contesting Affiliation Based On Economic Dependence

by Fox Rothschild LLP on

Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract. After losing battles at the Small Business Administration (SBA) Area Office and Office of...more

Using SBA Loans for Business Acquisitions

Loans guaranteed by the Small Business Administration (“SBA”) can be a valuable tool for buyers interested in acquiring businesses that do not have sufficient hard assets to meet the collateral requirements of traditional...more

10 Steps to Brewery Start-Up: A Step-by-Step Guide to Start-Up A Brewery In Maryland

by Miles & Stockbridge P.C. on

In this ten-part blog series, I will explore the ten steps that are suggested that you should take to start-up a brewery of your own in Maryland. Step 1: Create a business plan. Quite simply, a business plan is a...more

Weekly Update Newsletter - August 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com - An ExecutiveGov article from August 16, 2017 analyzes...more

DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs

by Hogan Lovells on

Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

SBA Seeks Comments on Reducing Unnecessary Regulatory Burden

by PilieroMazza PLLC on

On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they...more

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