Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?
Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what these new SBA regulations mean and how to determine compliance. By far, the biggest query we receive is whether SBA’s limitations on subcontracting rules (e.g., 13 C.F.R. § 125.6) are incorporated into a current contract. It is SBA’s position that these new . . . Read More
How Small Businesses Can Get a Piece of the Pie Through Subcontracts
Presented by Jon Williams and Julia Di Vito Click here to view the recorded session.
Important Update Regarding 8(a) Applications
Seemingly without notice, this past weekend, SBA updated its General Login System (“GLS”) to no longer allow new 8(a) applicants to create a profile in GLS. This is so that SBA can launch their streamlined and modernized 8(a) application process through certify.sba.gov. The certify.sba.gov platform is SBA’s initiative to harmonize the certification process for all of its small business contracting programs – such as 8(a), woman-owned small business, all small mentor/protégé program, and HUBZone – into one online platform. However, . . . Read More
The Weekly Update September 29, 2017
SMALL BUSINESS ADMINISTRATION “Rules of Practice for Protests and Appeals Regarding Eligibility for Inclusion in the U.S. Department of Veterans Affairs, Center for Verification and Evaluation Database” The U.S. Small Business Administration (“SBA”) is proposing to amend the rules of practice of its Office of Hearings and Appeals (“OHA”) to implement procedures for protests of eligibility for inclusion in the Department of Veterans Affairs Center for Verification and Evaluation (“CVE”) database, and procedures for appeals of denials and cancellations of . . . Read More
SBA Office of Hearings and Appeals Reaffirms “Unconditional Ownership” Requirement in the SBA SDVOSB Program
A recent case reinforces that, just because the corporate governing documents of an SDVOSB satisfy the unconditional ownership requirements for VA’s SDVOSB set aside program, does not mean that the unconditional ownership requirements under SBA regulations will be met. Last month, 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 . . . Read More
Raising Capital – Options for Small Business Government Contractors
Presented by Jon Williams and Kimi Murakami Click here to view the recorded session.
Do Not Underestimate the Importance of Small Business Subcontracting Plans
Companies that pursue contracts with the Federal Government should not underestimate the importance of small business subcontracting plans. If you do business with the Government and are not a small business, you are likely aware that any contractor receiving a contract with a value greater than $150,000 must agree in the contract that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns will have the maximum practicable opportunity to . . . Read More
Bankruptcy Fails to Save Contractor from Multimillion Dollar SCA Back Wage Liability
Any contractor who has been subject to a Department of Labor (“DOL”) investigation knows what unease feels like, even if there is no reason to believe the company will be subject to liability. One of the first questions we get as we help companies maneuver the process is “what are the consequences if DOL does find something wrong?” For companies that quickly realize there might be a problem, this question is even more poignant. Last month FPMI Solutions, Inc. (“FMPI”), . . . Read More
How Loans Can Impact Size and Status
It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential affiliations that could affect your size and status. With that in mind, I want to share some information about how affiliation can arise through loans. Specifically, loans from a private party (i.e., an individual or a company, not a bank). SBA . . . Read More
The Weekly Update September 15, 2017
CAPITOL HILL “Serving Small Businesses: Examining the Effectiveness of HUBZone Reforms” House Small Business Committee Press Release, September 13, 2017. Retrieved from smallbusiness.house.gov The House Small Business Committee heard from small businesses within the Small Business Administration’s (SBA) Historically Underutilized Business Zones (HUBZone) program. Specifically, the Committee heard testimony on H.R. 3294, the “HUBZone Unification and Business Stability Act,” introduced by Ranking Member Nydia Velazquez (D-NY) and Chairman Steve Chabot (R-OH). SMALL BUSINESS ADMINISTRATION “SBA Awards $5 Million in PRIME Grants . . . Read More