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

SBA Proposes Significant Changes to Small Business Procurement: Will You Be Impacted?

Presented By Antonio Franco and Sam Finnerty Click here to view the recorded session. On December 4, 2018, the SBA issued a proposed rule that includes a number of sweeping amendments to the SBA’s regulations which will have a significant impact on small businesses. The proposed rule addresses important matters for small businesses, such as the limitations on subcontracting requirements and exclusions for compliance purposes, and requirements for size and status recertification. The SBA is also clarifying when size is determined, and . . . Read More

SBA Information Notice Provides Guidance on SBA’s Interpretation of the Small Business Runway Extension Act of 2018

We recently  wrote  about the Small Business Runway Extension Act (Runway Extension Act), which President Trump signed into law on December 17, 2018. Under the Runway Extension Act, for industries with receipts-based size standards, the size of a firm is to be measured based on its average annual gross receipts over the previous five years (extended from the previously used three-year period). Missing from the Runway Extension Act is any explicit directive as to when the new five-year calculation takes effect, . . . Read More

SBA Proposes Significant Changes to Its Small Business Regulations

On December 4, 2018, the U.S. Small Business Administration (“SBA”) issued a  proposed rule  (“Rule”) to implement several provisions of the National Defense Authorization Acts (“NDAA”) of 2016 and 2017 and the Recovery Improvements for Small Entities After Disaster Act of 2015 (“RISE Act”), as well as other clarifying amendments. The Rule will likely garner a lot of attention in the coming weeks, as it proposes a number of sweeping amendments that could have a significant impact on small business government contracting. . . . Read More