Small Business Programs & Advisory Services

SBA Office of Hearings and Appeals Reaffirms "Unconditional Ownership" Requirement in the SBA SDVOSB Program

September 29, 2017
By Patrick T. Rothwell
Recently, the SBA Office of Hearings and Appeals issued a decision, Veterans Contracting Group, Inc., SBA No. VET-265 (2017), which reaffirmed the SBA SDVOSB Program’s requirement that an SDVOSB be 51-percent unconditionally and directly owned by one or more service-disabled veterans (“SDV”). 13 C.F.R § 125.12(a), (d). More specifically, OHA upheld an SBA determination that a concern named Veterans Contracting Group, Inc. (“VCS” or the “Company”) did not meet SDVOSB eligibility requirements due to certain provisions in a shareholders agreement among VCS’ owners which placed impermissible conditions on the SDV’s ownership interest in VCS.

The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights

September 1, 2017
By Isaias Alba IV
Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management Association World Congress, it became clear that many people are confused (and rightly so) about what is happening with regard to the segregation and reintegration rules.

SBA Launches New HUBZone Map

August 7, 2017
By Julia Di Vito
The new HUBZone map designates areas as eligible HUBZone locations and indicates whether an address qualifies as one or more HUBZone designations, such as census tract, county, Indian land, disaster area, closed base area, or redesignated area.

Do the Proposed Changes to SBA’s HUBZone Program Go Far Enough?

July 24, 2017
By Kathryn V. Flood and A. John Shoraka
H.R. 3294, the HUBZone Unification and Business Stability Act of 2017, proposes several changes to the HUBZone program that are intended to reduce certification timelines, stabilize the program, and collect and report on performance metrics designed to measure the success of the HUBZone program. While this is a step in the right direction, the proposed changes do not go far enough to provide a meaningful impact to the deficiencies in the program.

House Bill Would Reduce Use of LPTA in All Agencies’ Procurement

July 20, 2017
By Julia Di Vito
A recent bill before the U.S. House of Representatives seeks to limit the use of the lowest price technically available (“LPTA”) source selection process in procurements. H.R. 3019, which was introduced on June 22, 2017, would create a policy to avoid using LPTA criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process.
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