News & Analysis as of

Small Business Small Business Administration

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

SBA Issues New Proposed Rule to Consolidate SDVOSB Eligibility Rules

by Davis Wright Tremaine LLP on

On January 29, 2018, the SBA issued a proposed rule to address and resolve the existing conflicts between the current eligibility requirements in the SBA and VA regulations. This action comes after specific direction in the...more

SBA Proposed Rule Standardizes SDVO SBC Ownership & Control Standards

On January 29, 2018, the U.S. Small Business Administration (SBA) proposed to significantly amend its regulations to standardize and clarify the ownership and control standards required for qualifying as either a...more

Weekly Update Newsletter - February 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Defense Federal Acquisition Regulation Supplement: Procurement of Commercial Items (DFARS case 2016-d006) - The Department of Defense (DOD) issued a final rule, which amended the Defense Federal...more

Defining “Unconditional” Ownership and Control of SDVOSBs: SBA Proposes to Relax Ownership and Control Requirements

by PilieroMazza PLLC on

Recently, we wrote about the VA’s proposed rule to eliminate its own ownership and control criteria for SDVOSB and VOSB eligibility under the Vets First contracting program. The proposed rule stems from Congress’ mandate in...more

National 8(a) Winter Conference – Changes Coming for SDVOSBs

Hello from Nashville, Tennessee! I’m currently at the National 8(a) Association’s Winter Conference and had the privilege of participating in a great panel discussion with some of the leading small business scholars and...more

Impugnaciones a licitaciones para pequeñas empresas

by Bilzin Sumberg on

Una impugnación de licitación es un método que permite que un licitante de un contrato gubernamental dispute formalmente la decisión o el proceso de selección del gobierno. Los procedimientos de impugnación de licitaciones...more

The VA Proposes Placing Responsibility for Issuing Eligibility Regulations with SBA

by Holland & Knight LLP on

This is the first blog post by Holland & Knight’s newest government contracts attorney; Mitchell Bashur. Mitchell focuses his practice on government contracts and has extensive experience with protests, small and...more

Description of the Small Business Investment Company Program Participation by Unleveraged Funds

by Pepper Hamilton LLP on

A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the United States Small Business Administration (SBA)....more

COFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules

by Bass, Berry & Sims PLC on

Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more

VA looks to SBA for Future Veteran-Owned Small Business Certification

January 10 & 11, 2018 – The Department of Veterans Affairs (VA) has published two Notices of Proposed Rulemaking which, in effect, (1) would shift the duties of certifying Veteran-Owned Small Businesses (VOSBs) as relates to...more

Description of the Small Business Investment Company Debenture Program

by Pepper Hamilton LLP on

A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the United States Small Business Administration (SBA)....more

Indictment in $40M Alleged Fraud Case Signals Increased Scrutiny of SDVOSB Government Contractors

by Hogan Lovells on

On December 1, 2017, the U.S. Department of Justice announced the federal grand indictment of an army veteran for allegedly engaging in major government program fraud by using his status as a service-disabled veteran to...more

All Small Mentor-Protégé Program Year-End Report: Fast Figures Small and Large Businesses Need to Know

The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in 2017....more

Court of Federal Claims Rejects SBA Decision that Future Conditional Restriction on Stock Ownership Destroys “Unconditional...

Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business...more

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

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

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

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

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