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

Effective January 6, 2020: SBA Adopts Five-Year Receipts Calculation

Effective January 6, 2020, SBA will change the period of measurement for receipts-based size calculations from three years to five years. This change is the result of the Small Business Runway Extension Act of 2018 and SBA’s final rulemaking on December 5, 2019. This is a long-awaited change and will have far-reaching impacts for government contractors. Importantly, SBA is adopting a two-year transition period, until January 6, 2022, during which firms may choose to use either the current three-year calculation or the new . . . Read More

SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know

On November 29, 2019, the U.S. Small Business Administration (“SBA”) issued a final rule (“Rule”) that will 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.  As we  outlined  nearly a year ago when the Rule was first proposed, these changes address key small business issues for government contractors, including: subcontracting plans, the non-manufacturer rule (“NMR”), Information Technology Value . . . Read More

Changes to SBA’s HUBZone Program Are Here: Their Impact on Your Business Goals

Effective December 26, 2019, the Small Business Administration (SBA) will implement final rules overhauling regulations for the Historically Underutilized Business Zone Program (HUBZone Program). The new rules will (1) offer HUBZone firms reduced regulatory burdens, (2) help government agencies by eliminating ambiguities in the regulations, and (3) make it easier for HUBZone firms to understand and comply with Program requirements. Below is a practical guide on how the final rules will impact the business goals of government contractors in the HUBZone Program. . . . Read More

This Just In! SBA’s Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon

On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA’s John Klein, Associate General Counsel for Procurement Law, answered questions from the audience regarding various mentor-protégé issues. Mr. Klein provided some key insights regarding recent and upcoming SBA rulemakings that will have a significant impact on small business government contractors.  We outline some of these updates below, and will also host a breakfast seminar on November 18, 2019 where Mr. Klein . . . Read More

SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs

Today, SBA published a proposed rule  to merge its mentor-protégé programs and amend many of its rules governing the 8(a) program and small businesses. The proposed rule would have significant implications for the government contracting community. Comments are due by January 17, 2020, and  PilieroMazza  will host a seminar on November 18, 2019, from 7:30 AM – 10:30 AM EST at The Ritz-Carlton, Tysons Corner. Our seminar will feature  Pamela Mazza , Managing Partner of PilieroMazza , and  John Klein , Associate General Counsel for Procurement Law at the  Small Business Administration  (SBA) and . . . Read More

BLOG: SBA Publishes Important Proposed Rule Changes to 8(a) and Mentor-Protégé Programs

Today, SBA published a proposed rule  to merge its mentor-protégé programs and amend many of its rules governing the 8(a) program and small businesses. The proposed rule would have significant implications for the government contracting community. Comments are due by January 17, 2020, and  PilieroMazza  will host a seminar on November 18, 2019, from 7:30 AM – 10:30 AM EST at The Ritz-Carlton, Tysons Corner. Our seminar will feature  Pamela Mazza , Managing Partner of  PilieroMazza , and  John Klein , Associate General Counsel for Procurement Law at the  Small Business Administration  (SBA) and . . . Read More