News & Analysis as of

Set-Aside Contracts

Venable LLP

SBA Proposes Significant Changes to Size Recertification Rules

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The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications. ...more

PilieroMazza PLLC

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

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The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and...more

Dunlap Bennett & Ludwig PLLC

SBA May Limit Its Mentor-Protégé Joint Venture Program

On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations seeking public comments on potential changes to its mentor-protégé joint venture program, citing a “perception that...more

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

Williams Mullen

Taking Steps to Apply for Small, Women-Owned, or Minority-Owned (SWaM) Certification in Virginia? Consider these Factors ...

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Obtaining SWaM certification in Virginia enables businesses to bid on local and state contracts that are set aside for small, women-owned, and minority-owned businesses. The Commonwealth of Virginia has committed to sourcing...more

Womble Bond Dickinson

Are You Taking Advantage of NAICS Codes Appeals To Compete For Small Business Set-Aside Contracts?

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When a federal agency issues a small business set-aside contract, it uses North American Industry Classification System (NAICS) codes to determine the size standard that will apply to that contract. The agency must select the...more

Holland & Knight LLP

SBA Is Upgrading Its Certification System: What Small Business Government Contractors Need to Know

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The U.S. Small Business Administration (SBA) on Aug. 1, 2024, is beginning a system upgrade to its certification portal that will impact the following socioeconomic set-aside program certification programs ...more

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

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The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Troutman Pepper

The NDAA 2024: Is This the Beginning of the End for Self-Certification in SBA Set-aside Procurements?

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On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out...more

Conyers

Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

Conyers on

On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers...more

Dunlap Bennett & Ludwig PLLC

How To Qualify For Federal Small Business Set-Aside Contracts

Securing federal contracts can be a game-changer for small businesses, offering opportunities for growth and stability. The Small Business Administration (SBA) is crucial in facilitating these opportunities by setting size...more

Miles & Stockbridge P.C.

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing. ...more

Bricker Graydon LLP

ODOD to Accept Applications for Funding Beginning October 31

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The Ohio Department of Development (ODOD) recently released further application details and information regarding its Building Demolition and Site Revitalization Program (the Program), which recently received renewed funding...more

Cozen O'Connor

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy

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Some significant (perhaps short-term) changes have rapidly come to the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) or the Program) following a U.S. Federal District Court for the...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: All Small Mentor-Protégé Program

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

PilieroMazza PLLC

8(a) MAS Pool Initiative Increases Federal Contracting Opportunities for Small-Disadvantaged Businesses

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PilieroMazza recently shared the Small Business Administration’s (SBA) new rules: (1) Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization (Moratorium Rule) and...more

Miles & Stockbridge P.C.

Recent Court Ruling Already Reflected in GSA’s OASIS+ Solicitations

It is not any exaggeration to say that mentor-protégé joint ventures (MPJVs) have taken over the world of set-aside Government-Wide Acquisition Contracts (GWACs). For example, late last year it was reported that the initial...more

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

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On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: ‎8(a) Business Activity Targets ‎

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Holland & Knight LLP

SBA Issues Final Rule on Ownership and Control Changes for the 8(a) Program

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The U.S. Small Business Administration (SBA) issued its final rule on April 27, 2023, implementing several changes to the ownership and control requirements for the 8(a) Business Development program. The final rule also...more

PilieroMazza PLLC

GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture

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Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc., B-421216, B-421216.2 (Feb. 9, 2023)—clarified that in evaluating the experience of a mentor-protégé joint venture (JV) for a small business...more

PilieroMazza PLLC

Why the Content of a Contractor’s Joint Venture Agreement Matters

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The Small Business Administration’s (SBA) joint venture (JV) regulations allow large businesses to perform set-aside contracts with their small business protégés and allow small businesses to pool their resources and...more

Schwabe, Williamson & Wyatt PC

SBA Proposed Rule Would Permit Contractors to Receive Subcontracting Credit at Any Tier

On December 19, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule that, if enacted, will permit prime contractors to receive small-business subcontracting credit for subcontracts at any tier. The...more

Holland & Knight LLP

SBA Set to Take Over Certification of Veteran-Owned Small Businesses

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The U.S. Small Business Administration (SBA) published a final rule on Nov. 29, 2022, establishing its Veteran Small Business Certification Program for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned...more

Venable LLP

Small Business Administration Publishes Final Rule Implementing New Certification Requirements for Veteran-Owned and...

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Veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs) looking to contract with the federal government will be subject to new certification requirements beginning January 1, 2023,...more

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