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Small Business Small Business Administration

Meeting the Definition of a Small Business Concern Checklist

by Foley & Lardner LLP on

A Checklist for existing or prospective federal government contractors to determine whether they can meet the definition of a small business concern (SBC) under the Small Business Act (SBA). This Checklist includes the...more

Important Small Business Eligibility Rules Go into Effect on May 25, 2018

The U.S. Small Business Administration (SBA) recently issued a very important, but under-the-radar, “technical correction” to its regulations pertaining to recertification of a federal contractor’s status for Multiple Award...more

A New Bid Protest Timeliness Trap: Pre-Award Laches

On this blog, we frequently discuss the various timeliness traps that can undermine bid protests at the Government Accountability Office (GAO). A recent bid protest decision from the Court of Federal Claims addresses a...more

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules. ...more

Weekly Update Newsletter - May 2018 #2

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Masstech, Richard Lee, and Arnold Lee to Pay U.S. $1.9 Million to Settle False Claims Act Allegations Relating to Small Business Innovation Research Awards - Columbia-based MassTech,...more

Legislative Remedies for Surviving Midsize

by PilieroMazza PLLC on

Back when you started your small business, and the very prospect of making payroll for the month was nerve-wracking, you probably never imagined that your company might actually become too successful. Now, as you get closer...more

Recent SBA OHA Ruling Could Heat Up M&A Marketplace for Small Business Government Contractors

by Miles & Stockbridge P.C. on

Earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that recertification by a Service-Disabled Veteran-Owned Small Business (“SDVOSB”) following its acquisition by a...more

Weekly Update Newsletter - May 2018

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE - Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts - The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more

SBA Amends Its Recertification Rules, Effectively Overturning Recent OHA Case

by PilieroMazza PLLC on

In a noteworthy decision earlier this year, the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed the broad nature of SBA’s general rule that a contractor maintains its size and...more

Big Changes Proposed to SBA's Size Standards Methodology

by PilieroMazza PLLC on

Being and remaining a small business in the eyes of the government is one of the most important considerations for every federal contractor participating in small business set-aside programs. The rules of the contracting game...more

SBA Seeks Information on Proposed Subcontractor Past Performance Pilot Program

by Holland & Knight LLP on

Past performance information is a key indicator of an offeror’s ability to successfully perform a contract and is required to be considered by agencies when making most types of contract awards. Many small businesses,...more

Weekly Update Newsletter - April 2018 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Tribal Consultation for Small Business HUBZone Program and Government Contracting Programs and Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments - The...more

Multiple-Award Contracts - Path to Growth or Punishment for Success?

by PilieroMazza PLLC on

Published by Set-Aside Alert Newsletter: Size and status representations for task orders issued under MultipleAward Contracts (MAC) and schedules have become a controversial and complex issue. Generally, the Small Business...more

Spring 2018 SBIC Debenture Coupon Rate Increases to 3.187%

by McGuireWoods LLP on

March 28, 2018 In March 2018, the SBIC Funding Corporation completed a pooling of SBA debentures in the amount of $1,086,275,000. The SBA debentures have a coupon rate of 3.187 percent. This most recent pricing reflects an...more

Weekly Update Newsletter - March 2018 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - McCaskill Pushes the Department of Homeland Security to Hold Government Contractors Accountable for Waste, Fraud, and Abuse of Taxpayer Dollars - According to an article on hsgac.senate.gov,...more

Impact of Recent OHA decision on Size and Status Recertifications - Set-Aside Alert

by PilieroMazza PLLC on

Published by Set-Aside Newsletter: The new year brought a ruling from the Small Business Administration's Office of Hearings and Appeals (OHA) clarifying the effect of SBA's recertification rules. These rules require...more

Weekly Update Newsletter - March 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts - According to a news...more

Federal Contractors’ Guide To Small Business Administration Set-Aside Contracts, Size Standards, Size Protests, And Affiliation

by Fox Rothschild LLP on

The federal government sets aside a significant portion of its procurement dollars each year for purchasing goods and services from small businesses. Small business set-aside procurements and small business contract awards...more

Control of a Set-aside Entity

by Williams Mullen on

In this episode of GovCon Perspectives, Will Wozniak talks with Shayn Fernandez about what to do when passive investments raise questions of affiliation. Protestors often raise issues of affiliation in the form of size...more

HUBZone Definition of “Employee” Not So Black-and-White

by PilieroMazza PLLC on

In a recent decision, HUBZone Appeal of Q Services, Inc., the Small Business Administration (“SBA”) clarified that the number of hours worked by a person does not bar SBA from examining the totality of the circumstances to...more

SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations

In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small...more

The Risk of Certifying as Small Without Tax Returns

by PilieroMazza PLLC on

We are regularly contacted at this time of year, before tax returns are due, by companies that wish to pursue small business set-aside contracts but have not yet filed their tax returns. These inquiries stem from the belief...more

Small Business Fraud Leads to Large Monetary Liability in Recent Cases

by Bass, Berry & Sims PLC on

Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts...more

What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures

by Bass, Berry & Sims PLC on

Teaming Arrangements under the FAR - Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when: 1. Two or more companies form a partnership or joint venture to act as a potential prime...more

Review of NAICS Codes Assignments Reveals Inconsistencies and Small Percentage of Successful Appeals

by PilieroMazza PLLC on

The U.S. Government Accountability Office (“GAO”) has released a report on its review of several issues related to the North American Industry Classification System (“NAICS”) codes. Although it found that there are some...more

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