The Small Business Administration suspended more than 1,000 companies in the 8(a) program. SBA made the decision after it deemed those small businesses non-compliant with its financial data request from December. . . . Lawyers that represent small businesses say SBA issued the suspensions on Wednesday based on the fact that the 8(a) firms either failed to submit their responses on or before the January 19 deadline or submitted incomplete responses.
“At least some firms that submitted complete data call responses only one day late — on Jan. 20, and before any suspension notices were issued — often due to errors in the government-operated MySBA Certifications portal, nonetheless received suspension notices, indicating that SBA is taking a strict approach to alleged non-compliance with the filing deadline,” wrote Meghan Leemon and Matt Feinberg, partners with the law firm PilieroMazza, on a blog post. “Firms subject to 8(a) suspension are not permitted to receive new competitive or sole-source 8(a) awards. However, firms are required to complete existing 8(a) contracts, and federal agencies may exercise options on those contracts, even while a firm is suspended, unless otherwise prohibited by statute or regulation.”
PilieroMazza established an 8(a) Audit Response Task Force which can assist with informal and formal challenges to Notices of Suspension related to the Data Call.
Excerpt taken from the article “SBA Suspends 1,000 8(a) Firms for Not Submitting Data” by Jason Miller for Federal News Network. Visit this link for the full article.
About Meghan Leemon
Meghan counsels government contractors and commercial businesses on a broad range of government contracting matters. She advises companies on small business procurement matters, particularly on issues related to eligibility and participation in small business federal procurement programs, such as the SBA’s 8(a) BD, SDVOSB/VOSB, WOSB/EDWOSB, and HUBZone programs. In addition, much of Meghan’s practice involves SBA’s Mentor-Protégé program and assisting clients in forming joint ventures. She also assists clients in maintaining compliance with the FAR and small business regulations. Read more here.
About Matt Feinberg
Matt is an accomplished litigator with over 15 years of experience handling federal and state cases, including civil and appellate litigation, along with arbitration proceedings. As an experienced senior practitioner in PilieroMazza’s Litigation & Dispute Resolution Group and Chair of the False Claims Act (FCA) and Audits & Investigations teams, Matt has a unique perspective on successful litigation strategies to achieve the best possible outcomes for government contractors and commercial businesses. He is particularly adept at identifying weak spots in an opponent’s case, often leading to successful dismissals or early resolution of disputes, ultimately avoiding an expensive trial. Read more here.
