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Set-Asides Small Business Administration

Morrison & Foerster LLP - Government...

OHA Rules Company Remains Eligible For Award Of Small Business Set-Aside Schedule Orders Even After Acquisition By A Large...

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...more

Holland & Knight LLP

SBA Announces Final Rule Eliminating Self-Certification for SDVOSBs

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The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts...more

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

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

Morrison & Foerster LLP - Government...

Joint Venture Member Experience: “Considering Each Member” Vs. “Considering Either Member”

The Government Accountability Office (GAO) has issued an important new decision in the protest of AttainX,Inc ., B-421216, B-421216.2, Jan. 23, 2023, 2023 WL 1860802. The decision addresses how agencies must evaluate the...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses– July 2022

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GOVERNMENT CONTRACTS - Federal News Network Quotes PilieroMazza’s Cy Alba on Re-Release of Polaris RFP - Cy Alba, a partner in PilieroMazza’s Government Contracts Group, recently discussed the re-release of the Polaris...more

Sheppard Mullin Richter & Hampton LLP

SBA OHA Says Small Business on Notice of Email in Junk Folder: Appeal Untimely

The Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) rejected a small business government contractor’s 8(a) participation determination appeal as untimely, notwithstanding the contractor’s claim...more

PilieroMazza PLLC

DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways

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On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal Year (FY) 2021 settlements and judgments from civil cases involving fraud and the False Claims Act...more

PilieroMazza PLLC

Risk Prevention Strategies: FCA Risk Prevention for Government Contractors

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With over $2.2 billion in recoveries for the Department of Justice (DOJ) in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in 2020, statistics confirm that the FCA remains an...more

PilieroMazza PLLC

[Webinar] Risk Prevention Strategies: FCA Risk Prevention for Government Contractors - October 27th, 2:00 pm - 3:00 pm ET

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With over $2.2 billion in recoveries for the Department of Justice (DOJ) in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in 2020, statistics confirm that the FCA remains an...more

Ervin Cohen & Jessup LLP

SBA Releases Restaurant Revitalization Program Guidelines

On Saturday, April 17, 2021, the Small Business Administration (“SBA”) released its much-anticipated guidelines for the Restaurant Revitalization Fund. On April 13, 2021, during a town hall with the Independent Restaurant...more

Obermayer Rebmann Maxwell & Hippel LLP

Proposed Bi-Partisan Legislation Could Mean Changes for Small Businesses

Earlier this month, the U.S. House of Representatives passed two bills that could mean big changes for small businesses. The first, the “Capturing All Small Businesses Act,” H.R. 5130, aims to change the way that the Small...more

PilieroMazza PLLC

SBA to Increase Enforcement in 2020 on Set-Asides and Subcontracting

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One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor...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

Pillsbury Winthrop Shaw Pittman LLP

SBA Issues Final Rule Impacting Small Business Regulations

The final rule revises and clarifies numerous provisions in the Small Business Administration’s regulations. SBA revised the limitation on subcontracting rules for set-aside service contracts by excluding direct costs such...more

Holland & Knight LLP

SBA Issues Proposed Regulations Regarding its Mentor-Protégé Program, Joint Venture Activity and Size Representations and Size...

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On November 8, 2019, the Small Business Administration (SBA) issued a substantial proposed rule addressing a plethora of potential changes to the regulations governing small business programs. Below is a snapshot of key...more

Kilpatrick

Small Businesses Can Now be a Little Larger Under the SBA's Increased Size Standards

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Being small is not always easy, but in the case of government contracting, it comes with significant advantages. These advantages include: access to limited competition procurements through small business set-aside contracts;...more

Blank Rome LLP

Small Business Runway Extension Act Adjusts Look-back Period from Three to Five Years for Calculating Size Determinations, but SBA...

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The New Law - Shortly after passage by the Senate, President Trump signed the Small Business Runway Extension Act, P.L. No. 115-324, into law on December 17, 2018. The new law amends the Small Business Act to adjust the...more

PilieroMazza PLLC

Big Changes in the HUBZone Program Coming in 2019 - Set-Aside Alert

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Published by Set-Aside Alert: The Small Business Administration published its long-awaited proposed rule overhauling the Historically Underutilized Business Zone (HUBZone) Program on Oct. 31. Comments to the proposed rule are...more

PilieroMazza PLLC

SBA Continues to Focus on Fraud in Set-Aside Programs

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Published by Set-Aside Alert Newsletter: During the past few years, the number of False Claims Act (FCA) civil cases has grown exponentially. While most of this growth has come from an increase in the number of actions...more

Bass, Berry & Sims PLC

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

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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

PilieroMazza PLLC

Weekly Update Newsletter - December 2016 #2

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GOVERNMENT CONTRACTS - Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to...more

PilieroMazza PLLC

Considerations When Choosing a Mentor or Protege Under the SBAs Programs - Set-Aside Alert

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When the U.S. Small Business Administration amends its regulations in August 2016 to establish a mentor-protégé program for all small businesses, it included provisions that limit the number of mentors a small business can...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2016 #4

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GOVERNMENT CONTRACTS - Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which will amend the DFARS to implement Section 861 of the NDAA 2016, which provides amendments...more

Holland & Knight LLP

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

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In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more

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