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

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the SBA. These developments could affect HUBZone contract eligibility and federal funding and support programs for tribal nations, as well as prohibit Mentor-Protégé Joint Ventures from competing for Multiple Award Contracts. PilieroMazza explains in more detail below. New Proposed Rule The SBA seeks to discuss a proposed rule . . . Read More

Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by participating in the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) Program), tribally-owned entities waive sovereign immunity as to virtually all—if not all—claims connected in any way to the entity’s 8(a) Program participation, regardless of the tenuous nature of the connection. Tribally-owned government contractors should adjust their . . . Read More

SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology Inc. (ASTi).  ASTi protested a contract awarded to an Alaska Native Corporation (ANC) alleging, among other things, that the entire tribal 8(a) program is unconstitutional. While this case will likely be dismissed for reasons wholly unrelated to the constitutionality challenge, these allegations are sure to be raised again by . . . Read More

Rule of Two Changes: OMB Memo Aims to Make Rule of Two Apply to Task and Delivery Orders and SBA’s Proposed Rules, Coming Soon, Will Shape the Future Procurement Landscape

On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task and delivery orders competed under multiple-award contracts. Contractors should take note that this change has the potential to significantly increase the number of small business set-asides, and in turn, it could mean millions more dollars in contract opportunities for small businesses. In this blog, we . . . Read More

Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process

The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business government contractors seeking a transformative approach to financing and growth. This third blog in the series “Focus on SBA’s SBIC Program” demystifies the intricate SBIC application process and reveals strategic benefits associated with obtaining an SBIC license. Small business government contractors should familiarize themselves with the application process to unlock new avenues of capital to foster their success. Please visit this link for Part . . . Read More

Focus on SBA’s SBIC Program, Part 2: Decoding Regulations and Pre-Application Considerations for Small Business Government Contractors

This second installment of PilieroMazza ’s blog series “Focus on SBA’s SBIC Program” explores regulations governing SBIC status and considerations for potential applicants. Please visit this link for Part 1 in the series. For small business government contractors looking to leverage the opportunities presented by the SBIC program, it is imperative to understand the related regulations to safeguard the interests of both investors and small businesses. As discussed in the first part of this blog series, the SBIC program provides members with . . . Read More