SBA Implements WOSB / EDWOSB Certification Requirement and Revises Economic Disadvantage Criteria for 8(a) Eligibility, Including Treatment of Retirement Accounts

Just under one year ago, we wrote  about the Small Business Administration’s (SBA) proposed rule regarding implementing a certification requirement for Women-Owned Small Businesses (WOSBs) / Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) and revised economic disadvantage criteria for 8(a) eligibility. SBA’s  final rule  was recently published, implementing just that. The rule will impact businesses seeking to compete for government contracts under the WOSB and 8(a) Business Development programs. WOSB / EDWOSB Certification Effective October 15, 2020, WOSB / EDWOSBs will be required to be . . . Read More

Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors

In this guidance document published by the National Venture Capital Association (NVCA), “Affiliation in the Context of SBA Loans, Guidance for Venture Capital Investors,”  PilieroMazza ’s Kathryn Hickey offers key takeaways for venture capital investors concerned about SBA affiliation rules in the context of SBA loans. To access the full article, please visit this  link . Ms. Hickey is Chair of the Firm’s  Business & Transactions Group , where she assists clients primarily in general business, mergers and acquisitions, venture capital and private equity investments, and commercial contracting. . . . Read More

Breaking Down SBA’s COVID-19 Economic Injury Disaster Loan

UPDATE: Since this alert was posted, all states and territories received an EIDL decaration.  Also note that loan terms will change with the CARES Act.  Please follow the linked text to PilieroMazza’s Client Alert “ Senate Passes Historic COVID-19 Stimulus Package: Billions Set Aside for Small Business ” for recent developments.     _____________________________________________________________________________________________________________________________________________________________________________________________________ The unprecedented impact of the COVID-19 pandemic on small businesses has caused the Small Business Administration (SBA) to institute an Economic Injury Disaster Loan (EIDL) program aimed at aiding those affected by the pandemic. Whether you’re a government contractor . . . Read More

BLOG: SBA Issues FAQs on New HUBZone Program Rules

Earlier this month, the Small Business Administration (SBA) issued its answers to frequently asked questions (FAQs) concerning the new rule changes to the HUBZone Program. These FAQs follow the December 26, 2019 effective date of the new HUBZone rules, and should be helpful for current and potential HUBZone firms. The FAQs address common confusions in the new rules.  For instance, SBA answers how to take credit for an employee who resided in a HUBZone as of the date of certification and for . . . Read More

BLOG: Top Priorities from SBA Administrator Jovita Carranza

On January 7, 2020, the Senate confirmed U.S. Treasurer Jovita Carranza as the 26th Administrator of the Small Business Administration (SBA). During her testimony before the Senate Committee on Small Business and Entrepreneurship, Carranza listed a number of priorities she will bring to her role at SBA. Below are notable priorities that may impact small businesses and/or government contractors. Provide Better Resources to Small Businesses in Disadvantaged Communities Carranza mentioned that connecting small businesses from disadvantaged communities with SBA support . . . Read More

The Implications of SBA’s Proposed Rule Changes for Tribally Owned 8(a) Businesses

The Small Business Administration (SBA) recently published a proposed rule that would merge its mentor-protégé programs and amend many of its rules governing the 8(a) program. Our Firm’s Managing Partner, Pamela Mazza , recently explained the rule’s significant implications for the government contracting community. In particular, SBA’s proposed rule would make a number of changes to the 8(a) program and regulations applicable to tribally owned 8(a) businesses. Pam and her partner Peter Ford will be attending a tribal consultation meeting in Oklahoma City on January 16, . . . Read More

BLOG: SBA to Increase Enforcement in 2020 on Set-Asides and Subcontracting

One of the most overlooked compliance requirements for set-aside contracts are the limitations on subcontracting. Don’t take my word for it—GAO has noted in several reports that contracting officers generally do not monitor or enforce the requirement that the small business prime contractor must self-perform a certain percentage of the contract.  The limitations on subcontracting requirements are critical to the efficacy of the small business programs.  Indeed, the goals of the programs are not served if small businesses do not . . . Read More