Client Alert – Overview of Select Provisions on the SBA’s Final Rule of Limitations on Subcontracting

On May 31, 2016, SBA released its long anticipated final rule on the limitations on subcontracting. The final rule becomes effective on June 30, 2016. In order to help you understand how the final rule changes the existing regulations, we have prepared a chart of the major regulatory changes announced in the new rule which accompanies this letter   In the final rulemaking, SBA adopted most of the changes announced almost a year and half ago in its proposed rule . . . Read More

2016 SBA Issues Final Limitations on Subcontracting Rule

Today, SBA issued its final rule to implement provisions of the National Defense Authorization Act of 2013, which pertains to the limitations on subcontracting (“LOS”) applicable to small business set-aside contracts, socioeconomic program set-aside contracts, and small business subcontracting. SBA issued this rule after considering all comments provided in the rulemaking and, while we are still reviewing the rule in more detail, we are pleased that the rule accounts for concerns raised during the rulemaking process and is not as . . . Read More

SBA Announces New WOSB Online Portal

By Josh Humi Recently, the Small Business Administration (“SBA”)  announced a new online portal  to serve women-owned small businesses (“WOSBs”).  The new portal allows WOSBs to manage their SBA-related documents, complete SBA application forms online, and receive notices of deadlines. In addition, the new portal supports self-certifications for WOSBs. SBA will be transferring existing repository documents to the new online portal, so WOSBs will not need to re-submit documents which they have already submitted to SBA. Furthermore, SBA is now managing all WOSB requirements through . . . Read More

PilieroMazza sends letter to House Small Business Committee expressing concerns with SBA’s recent rule applying the nonmanufacturer rule to ITVARs

Attorneys Jon Williams and Cy Alba recently wrote a wrote a letter to the House Small Business Committee to address a new rule from the U.S. Small Business Administration that we believe is contrary to the Small Business Act, as amended by the 2016 National Defense Authorization Act. This new rule also unfairly and unnecessarily increases the regulatory burden for small businesses in the information technology value-added reseller (“lTVAR”) industry. We have heard from many small businesses and have talked with agency procuring officials who . . . Read More

Update to SBA’s New ITVAR Size Rule

Back in February,  we wrote about SBA’s new size rule  for IT value-added resellers (“ITVARs”) and the major ramifications of the new rule. The rule requires ITVARs to comply with the nonmanufacturer rule when reselling IT products to the federal government under NAICS code 541519, footnote 18, which has a size standard of 150 employees. This was a 180-degree turnaround from SBA’s prior position on ITVARs, which were not previously required to comply with the nonmanufacturer rule. The upshot of the new rule is that ITVARs performing . . . Read More

SBA Closes the Door on Resellers of Major Commercial Software

On January 26, 2016, SBA issued its final rule regarding proposed size standard increases to numerous NAICS codes, but one thing that could impact many IT contractors is the new requirement and/or clarification from SBA that IT Value Added Resellers (“ITVAR”) under the footnote/exception to NAICS Code 541519 do have to comply with the nonmanufacturer rule when reselling software under that code. This change does not impact those ITVAR contractors who perform on contracts where the largest portion, by dollar . . . Read More

The SBA’s Final Rule on the 8.73 Percent Inflationary Adjustment to the Monetary-based Size Standards can be Confusing

On January 25, 2016, the Small Business Administration (“SBA”) issued a final rule, effective immediately, adjusting the monetary-based size standards for inflation by 8.73%. While this final rule may suggest that the size standards have been increased again following the increase that went into effect in 2014, it actually reflects the same adjustment the SBA made in 2014, when an interim final rule was issued increasing the size standards. Thus, firms interested in pursuing set-asides under the revenue-based size standards . . . Read More