SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited proposed rule changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018.  SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA.  “Nevertheless,” SBA says, . . . Read More

BLOG: SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act

On June 24, 2019, the Small Business Administration (SBA) published its long-awaited  proposed rule  changing the period of measurement for a receipts-based size calculation from three years to five years. This change was prompted by the Small Business Runway Extension Act (the Runway Act), which became law on December 17, 2018. SBA was slow to implement this change because SBA believes that the Runway Act amended a section of the Small Business Act that does not apply to SBA. “Nevertheless,” SBA says, . . . Read More

BLOG: SBA Proposes to Implement Certification Requirement for WOSB/EDWOSBs and Revise Economic Disadvantage Criteria for 8(a) Eligibility

A few years ago, we  wrote  about how through the 2015 NDAA, Congress directed SBA to end self-certification for WOSBs and EDWOSBs and implement a certification process. On May 14, 2019, SBA issued the  proposed rule  which, if finalized, would implement a certification requirement for WOSBs and EDWOSBs.  In this proposed rule, SBA has also proposed revising the economic disadvantage criteria for 8(a) companies, particularly for initial eligibility purposes, and to make these consistent between the 8(a) and EDWOSB programs.      WOSB/EDWOSB . . . Read More

BLOG: SBA Adopts New Size Standard Methodology and Says Updates to Size Standards Coming in “Near Future”

Earlier this month, SBA published its  final rule  adopting a revised size standards methodology. My colleagues,  Jon Williams  and Tim Valley, previously described the proposed changes to the methodology in a  blog  last year. The final methodology white paper adopts all the changes SBA proposed with minor revisions. SBA is moving from an “anchor” approach to a “percentile” approach. Under the anchor approach, SBA generally evaluated the characteristics of individual industries relative to the average characteristics of industries with an anchor size standard ($7.5 million and . . . Read More

Does SBA’s New Recertification Rule Apply to My Contract? Recent OHA Decision Provides Some Clarity

The U.S. Small Business Administration’s (“SBA”) regulations require a concern to recertify its socio-economic (e.g., SDVO SBC, HUBZone, WOSB/EDWOSB) and/or small business size status (1) within 30 days of an approved contract novation; (2) within 30 days of a transaction becoming final in the case of a merger, sale, or acquisition, where contract novation is not required; and (3) no more than 120 days prior to the end of the fifth year of a contract exceeding five years in duration . . . Read More