News & Analysis as of

Set-Asides Small Business Administration Small Business

Gordon Rees Scully Mansukhani

The End of DEI Programs in Federal Contracting: Legal Implications for Government Contractors

On January 21, 2025, the U.S. Office of Personnel Management (OPM) issued initial guidance to implement the Executive Order Ending Radical and Wasteful Government DEI Programs. ...more

Alston & Bird

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Alston & Bird on

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)....more

Bass, Berry & Sims PLC

Small Business Size Protest Minute: The Ostensible Subcontractor Exception that (Almost) Swallowed the Rule

Bass, Berry & Sims PLC on

As many of our readers know, the ostensible subcontractor rule is one way in which the Small Business Administration (SBA) can find affiliation between a small business and one of its subcontractors, potentially resulting in...more

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

Bass, Berry & Sims PLC on

On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Vedder Price

The Government Accounting Office’s Decision in SteerBridge Strategies, LLC Provides an Important Reminder: Government Contractors...

Vedder Price on

In the government contracting world, the term “bid protest” typically elicits visions of an unsuccessful offeror challenging an agency’s evaluation of proposals and award decision. While these “post-award” bid protests may be...more

Morrison & Foerster LLP - Government...

Enforcing New Recertification Rules: Changes to SBA’s Size Protest Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...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...

Venable LLP on

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

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

PilieroMazza PLLC on

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

PilieroMazza PLLC on

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

PilieroMazza PLLC on

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

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...

Holland & Knight LLP on

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

Kilpatrick on

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...

Blank Rome LLP on

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

SBA Continues to Focus on Fraud in Set-Aside Programs

PilieroMazza PLLC on

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

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

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

PilieroMazza PLLC on

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

Holland & Knight LLP on

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

Holland & Knight LLP

The National 8(a) Association Summer Conference Recap; Mentor-Protégé Regs Looming

Holland & Knight LLP on

On June 13-14, the National 8(a) Association held its annual summer conference in Anchorage, Alaska. The conference included useful programs on a variety of topics of interest to tribal, Alaska Native Corporations (ANC), and...more

PilieroMazza PLLC

A Refresher on the Non-Manufacturer Rule

PilieroMazza PLLC on

Unless you are a small business regularly engaged in selling supplies to the U.S. Government, you may have only a passing familiarity with the requirements of the Non-Manufacturer Rule (NMR). The NMR is an exception to the...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide