SBA Proposes Simplified Affiliation Tests for Business Loan Programs

Keep it simple, says SBA, in a recent proposed rule that would redefine the rules of affiliation for firms applying to SBA’s business loan programs, including the 7(a) Loan Program and 504 Loan Program (collectively, the “Business Loan Programs”). Per the proposed rule, changing conditions in the economy and a constantly-evolving small business community have spurred SBA to seek ways to improve the efficiency of its Business Loan Programs. To that end, SBA is proposing to simplify guidelines for determining . . . Read More

SBA Issues Final Rule on WOSB/EDWOSB Sole Source Authority

The SBA published the final rule to establish the procedures whereby Federal agencies may award sole source contracts to WOSBs and EDWOSBs. Under the rule, a contracting officer may award a sole source contract to a WOSB or EDWOSB where (1) the firm is a responsible contractor and the contracting officer does not have a reasonable expectation that 2 or more EDWOSBs or WOSBs (as the case may be) will submit offers; (2) the anticipated award price of the contract . . . Read More

No Longer on Hold: SBA Resumes 7(a) Lending to Small Businesses

The 7(a) lending program is back on track. Last month, President Obama signed into law a bill that would raise the SBA’s lending authorization ceiling to $23.5 billion for its flagship lending program. With the bill’s signing, the SBA resumed loan approvals and small businesses are again able to get loans backed by the federal government. On July 23, 2015—just a few days before the president put pen to paper—the SBA maxed out its $18.75 billion lending limit for small . . . Read More

SBA’s Proposed Rule Provides Guidelines on the Common Administrative Services Exception to Affiliation for All Tribal Entities

By Megan Connor The SBA’s February 2015 proposed rule concerning the expanded mentor-protégé program received much attention and analysis, much (deservedly) focused on the new program. However, one aspect of the proposed rule could, if made final, provide important guidelines for business concerns owned and controlled by Indian Tribes, Alaska Native Corporations (“ANCs”), Native Hawaiian Organizations (“NHOs”), and Community Development Corporations (“CDCs”). Under the current SBA regulations, business concerns owned and controlled by Indian Tribes, ANCs, NHOs, CDCs, or wholly-owned . . . Read More

OHA Ruling Shows Danger in Proposed SBA Rule

As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses.   Less well known, however, is a provision included with the proposed mentor-protégé rules that would dramatically alter how applicants in non-designated groups qualify for the 8(a) Program. SBA is seeking to change the rules for establishing social disadvantage so the agency could reject a claim of social disadvantage if . . . Read More

PilieroMazza submits final comments to SBA

PilieroMazza submitted comments regarding the U.S. Small Business Administration’s (“SBA”) proposed rule of December 29, 2014, regarding the implementation of a statutory mandate for the performance requirements applicable to small business and socioeconomic program set aside contracts and small business subcontracting. The Proposed Rule is designed to implement section 1651 of the National Defense Authorization Act (“NDAA”) of 2013, which changes the limitations on subcontracting for full or partial small business and socio-economic program set-aside contracts and small business subcontracting. Additionally, . . . Read More

Seminar with SBA Speaker on Recent Proposed Rules

SBA recently released two long-awaited and significant new proposed rules—one on changes to the Mentor-Protégé program and the other on the Limitations on Subcontracting. The Mentor-Protégé proposed rule will establish a new mentor-protégé program available to all small businesses, while the other will change the way small businesses determine compliance with the limitations on subcontracting. Both proposed rules include a number of other potential changes to SBA’s small business programs, including the rules pertaining to joint ventures, affiliation, applications for . . . Read More