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 -

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

SBA Increases Administrative Fees

by McGuireWoods LLP on

On Nov. 13, 2017, the Small Business Administration (SBA) published a new final rule that will increase licensing and examination fees for small business investment company (SBIC) applicants. This is the first time the SBA...more

SBA: Ostensible Subcontractor Rule In Play Even Between Two Small Firms

by Fox Rothschild LLP on

As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule. In a nutshell, ostensible contractor affiliation occurs when a small...more

Can a Captive Insurance Company Help You Keep Your 8(a) Certification?

by PilieroMazza PLLC on

At the beginning of 2017, the Protecting Americans from Tax Hikes (“PATH”) Act went into effect. One of the changes implemented by the Act altered how small and medium-sized business owners can use captive insurance companies...more

PilieroMazza Legal Advisor - Fourth Quarter 2017

by PilieroMazza PLLC on

Business and Corporate Special Issue - We are excited to bring you this special edition of The Legal Advisor focused on our Business & Corporate Group. The articles in this issue highlight the diverse array of matters...more

SBA to Require Franchisors Be Listed on Franchise Directory for Franchisees to Be Eligible for SBA Financing

by Snell & Wilmer on

Effective January 1, 2018, the U.S. Small Business Administration (SBA) will only process loans to fund the acquisition and development of new franchises if the franchisor is listed on the SBA’s new Franchise Directory....more

Weekly Update Newsletter - November 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - SBA - Backlash to SBA Regulatory Research Contract Is Growing - Critics are raising significant concerns about the award of a federal contract to study regulatory costs to two researchers whose...more

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

by Bass, Berry & Sims PLC on

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

SBA Proposes Rules for OHA to Consider CVE Appeals and Protests

by PilieroMazza PLLC on

In late October 2017, the period to comment on SBA’s proposed rule to amend the SBA Office of Hearings and Appeals (“OHA”) rules of practice to implement provisions of the National Defense Authorization Act for Fiscal Year...more

October 2017 Bid Protest Roundup

This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business...more

Qualified Disaster Relief Payments: Federal Loans, Charitable Assistance, Etc.

by Moskowitz LLP on

What if I received a Small Business Association (SBA) Disaster Loan for my business or home? How will it affect my taxes? SBA loans are not treated as income and will not affect your taxes.....more

Weekly Update Newsletter - October 2017 #3

by PilieroMazza PLLC on

CAPITOL HILL - House Small Business Committee letter requesting update to Small Business Tax - This week, House Small Business Committee Chairman Steve Chabot (R-OH) sent a letter with Ranking Member Nydia Velázquez...more

Weekly Update Newsletter - October 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Conferees Will Determine Fate of Defense Bill Provision to Deter Frivolous Contractor Bid Protest” Government Executive, October 13, 2017. Retrieved from govexec.com Senators, as they have in...more

Has the Government Solicited Bids Under the Correct 2017 NAICS Code? Here’s How to Make Sure That It Does!

by PilieroMazza PLLC on

On October 1, 2017, the U.S. Small Business Administration (“SBA”) updated its table of the North American Industry Classification System (“NAICS”) codes, which resulted in numerous changes, including additional industries,...more

U.S. Supreme Court Denies Petition for Certiorari on Constitutional Challenge to 8(a) Program

by PilieroMazza PLLC on

On October 16, 2017, the U.S. Supreme Court denied the petition for a writ of certiorari filed by Rothe Development, Inc. in Rothe Development, Inc. v. Department of Defense & Small Business Administration. Rothe, a...more

Passive Business Rule - Delayed, Withdrawn and Amended –What it Means for You

by Foley Hoag LLP on

Small Business Investment Companies (“SBICs”) are generally prohibited from investing in passive (i.e., non-operating) small businesses under the Small Business Investment Act of 1958 (the “Act”) and its implementing...more

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

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