SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business Matters

On December 17, 2024, the Small Business Administration (SBA) published a final rule that will make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program, clarifying certain policies. PilieroMazza recently covered the proposed changes (linked here ), which impact not just the HUBZone Program. This final rule goes into effect on January 16, 2025, “will apply to existing contracts,” and makes several amendments impacting all GovCon small businesses. PilieroMazza ’s Government Contracts Group will release various blogs on different aspects of the final rule . . . Read More

SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe

On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to implement recommendations from the Office of Federal Procurement Policy’s memorandum “Increasing Small Business Participation on Multiple-Award Contracts” from earlier this year. The SBA hopes to increase small business participation on multiple award contracts (MAC) through the application of the Rule of Two to MAC task and delivery orders. However, by declining to follow the Court of Federal Claims’ (COFC) decision in Tolliver Group, the SBA created a . . . Read More

SBA Proposes Substantive Changes to Negative Control and Unconditional Ownership and Control Considerations Across Socioeconomic Programs: Key Considerations and Takeaways

As PilieroMazza noted recently  here , the Small Business Administration (SBA) released a proposed rulemaking that will impact government contractors. This client alert discusses a major proposed change that would significantly impact any small business that has a minority shareholder or investor. While the proposed rule also aims to create uniformity across SBA’s socioeconomic programs—including the 8(a) Business Development, Women-Owned Small Business (WOSB), and Service-Disabled Veteran-Owned Small Business (SDVOSB)—the proposed rule looks to undo years of case law and seriously impacts what it . . . Read More

SBA Proposed Material Changes to HUBZone Program Impacts Eligibility

As PilieroMazza noted recently  here , the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the Historically Underutilized Business Zones (HUBZone) Program. PilieroMazza is posting a series of client alerts regarding SBA’s proposed rulemaking. This alert highlights some of the proposed changes pertaining specifically to the HUBZone Program that will impact small business government contractors and their contracting partners. A. Overview The HUBZone Program was established . . . Read More

SBA Proposed Rule’s Potential Adverse Impacts on Small Business IT Value-Added Resellers

In August, SBA proposed new rules on a wide range of topics. Some of the proposed rules, like the significant changes to the recertification rules that we blogged about here , have been getting most of the headlines so far. The purpose of this client alert is to put the spotlight on one of the less talked about proposals, a seemingly minor proposed change to how SBA calculates annual receipts. SBA’s proposal may seem like a small change, but it has . . . Read More

SBA Proposed Changes to 8(a) Program Impacts Applicants and Participants

As PilieroMazza noted recently here , the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the 8(a) Business Development Program (8(a) Program). PilieroMazza is posting a series of client alerts regarding SBA’s proposed rulemaking. This alert highlights some of the proposed changes pertaining specifically to the 8(a) Program that will impact both applicants and participants. 8(a) Application SBA is proposing certain revisions that . . . Read More

SBA Proposal Materially Alters Contractor Recertification

The PilieroMazza client alert “SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors” (linked here ) was republished by Law360 on September 13. 2024, as “SBA Proposal Materially Alters Contractor Recertification.” Please visit this link to access the article.

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

The Small Business Administration (SBA) recently issued a proposed rule ( Rule ) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and the effect of such recertifications. The Rule impacts eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions (M&A) in the government contracts industry, and could have other unintended downstream consequences. Historically, size and socioeconomic program status recertification have been addressed in separate parts of SBA’s regulations . . . Read More

SBA Seeks Comments on Proposed Updates to the HUBZone Program, and Clarifications to Other Small Business Programs

On August 23, 2024, the Small Business Administration (SBA) published a  proposed rule  that would make changes to its regulations for the Historically Underutilized Business Zone (HUBZone) Program to clarify certain policies. In 2019, SBA made significant revisions to these regulations to enhance the program’s efficiency and effectiveness. The proposed rule aims to further clarify and refine some of these changes, particularly by requiring that any certified HUBZone small business to be eligible as of the date of offer for any HUBZone contract. . . . Read More