News & Analysis as of

Small Business Set-Asides

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

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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...

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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

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...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

Schwabe, Williamson & Wyatt PC

Navigating Small Business Set-Asides

The U.S. Government Accountability Office decision, In the Matter of Steiner Construction Company, Inc., B-421254.9 (December 4, 2023), is a good reminder that timing counts when determining eligibility for small business...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

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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

PilieroMazza PLLC

CIO-SP4 Is Ready To Launch: Is Your Business Equipped to Compete?

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CIO-SP4 may be one of the most significant opportunities for both small and large government contractors, particularly those in the healthcare space. The Coalition is pleased to host Cy Alba and Meghan Leemon of...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Part II – Doing Business With the Commonwealth of Virginia

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In the second installment of the “Doing Business With the Commonwealth of Virginia” video series, the Hon. David Albo, chair of the Government Relations Group; Elizabeth Rafferty,* Director of Government Relations; and Bob...more

Holland & Knight LLP

January 2020 Bid Protest Roundup

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In this post, we briefly summarize bid protest decisions from the U.S. Government Accountability Office (GAO) published in December 2019. This round-up presents two cases wherein GAO sustained the protest due to the failure...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

Pillsbury Winthrop Shaw Pittman LLP

Congressional Blue-Ribbon Committee Recommends Major Changes to Certain Socioeconomic and Small Business Requirements for DoD...

In this fourth and final installment of our Section 809 Panel alerts, we explore the recommended changes to update and eliminate burdensome aspects of certain socioeconomic and small business requirements for Department of...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

The 2019 NDAA's Impact on Small Business Programs - Set-Aside Alert

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On Aug. 13, the John S. McCain National Defense Authorization Act ("NDM") for Fiscal Year 2019 was signed into law by President Trump. As with prior NDAAs, the 2019 NDM includes a number of provisions that affect procurement...more

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