U.S. Supreme Court Denies Petition for Certiorari on Constitutional Challenge to 8(a) Program
On October 16, 2017, the U.S. Supreme Court denied the petition for a writ of certiorari filed by Rothe Development, Inc. in Rothe Development, Inc. v. Department of Defense & Small Business Administration. Rothe, a non-minority-owned federal contractor, challenged the SBA’s 8(a) Program, a program which gives benefits to small business concerns owned and controlled by socially and economically disadvantaged individuals. Rothe alleged that the statutory basis of the 8(a) Program denies it, a company not owned or controlled by socially . . . Read More
The Weekly Update October 13, 2017
SMALL BUSINESS ADMINISTRATION Women-Owned Small Business Federal Contract Program NAICS Code Updates The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System (“NAICS”) codes authorized for use in the Women-Owned Small Business (“WOSB”) Federal Contract Program (“WOSB Program”). The update is being made to reflect the U.S. Office of Management and Budget’s NAICS revision for 2017, identified as NAICS 2017. NAICS 2017 created 21 new industries by reclassifying, combining, or splitting 29 NAICS 2012 industry codes. . . . Read More
Limitations on Subcontracting – What’s the Latest and Why Isn’t It in My Contract Yet?
Over a year ago, SBA released its final rule implementing changes in how limitations on subcontracting are calculated for set-aside prime contracts. Not a day goes by that we do not field questions from clients as to what these new SBA regulations mean and how to determine compliance. By far, the biggest query we receive is whether SBA’s limitations on subcontracting rules (e.g., 13 C.F.R. § 125.6) are incorporated into a current contract. It is SBA’s position that these new . . . Read More
Important Update Regarding 8(a) Applications
Seemingly without notice, this past weekend, SBA updated its General Login System (“GLS”) to no longer allow new 8(a) applicants to create a profile in GLS. This is so that SBA can launch their streamlined and modernized 8(a) application process through certify.sba.gov. The certify.sba.gov platform is SBA’s initiative to harmonize the certification process for all of its small business contracting programs – such as 8(a), woman-owned small business, all small mentor/protégé program, and HUBZone – into one online platform. However, . . . Read More
The Weekly Update September 29, 2017
SMALL BUSINESS ADMINISTRATION “Rules of Practice for Protests and Appeals Regarding Eligibility for Inclusion in the U.S. Department of Veterans Affairs, Center for Verification and Evaluation Database” The U.S. Small Business Administration (“SBA”) is proposing to amend the rules of practice of its Office of Hearings and Appeals (“OHA”) to implement procedures for protests of eligibility for inclusion in the Department of Veterans Affairs Center for Verification and Evaluation (“CVE”) database, and procedures for appeals of denials and cancellations of . . . Read More
How Loans Can Impact Size and Status
It’s protest season. Or, maybe it is always protest season. In any event, the best defense for a size or status protest is always to be prepared before the protest is filed. That means regularly assessing potential affiliations that could affect your size and status. With that in mind, I want to share some information about how affiliation can arise through loans. Specifically, loans from a private party (i.e., an individual or a company, not a bank). SBA . . . Read More
The Weekly Update September 15, 2017
CAPITOL HILL “Serving Small Businesses: Examining the Effectiveness of HUBZone Reforms” House Small Business Committee Press Release, September 13, 2017. Retrieved from smallbusiness.house.gov The House Small Business Committee heard from small businesses within the Small Business Administration’s (SBA) Historically Underutilized Business Zones (HUBZone) program. Specifically, the Committee heard testimony on H.R. 3294, the “HUBZone Unification and Business Stability Act,” introduced by Ranking Member Nydia Velazquez (D-NY) and Chairman Steve Chabot (R-OH). SMALL BUSINESS ADMINISTRATION “SBA Awards $5 Million in PRIME Grants . . . Read More
The Weekly Update September 8, 2017
GOVERNMENT CONTRACTS Department of Veterans Affairs Withdrawal of Proposed Rule. Federal Register, September 1, 2017. Retrieved from federalregister.gov The Department of Veterans Affairs (VA) published a rule in the Federal Register on November 6, 2015, 80 FR 68795, which proposed amending its regulations governing its Veteran-Owned Small Business (VOSB) Verification Program. The proposed rule sought to clarify the eligibility requirements for businesses to obtain “verified” status, added and revised definitions, reordered requirements, redefined ‘‘control,’’ and provided explanations for information on VA’s . . . Read More
The Weekly Update August 21, 2017
GOVERNMENT CONTRACTS “Industry Experts Advise GovCon Firms to Prepare for Possible Gov Shutdown.” ExecutiveGov, August 16, 2017. Retrieved from executivegov.com An ExecutiveGov article from August 16, 2017 analyzes the effects of a looming government shutdown on federal contractors. Expert panelists have advised that it is essential for government contractors to understand the nature of their contracts ahead of a shutdown. Proactively touching base with your contracting officer is the first step to preventing any confusion during a shutdown, as contracting officers . . . Read More
Subcontractor Size Status Representations – Not Identical to Rules Governing Prime Contractors
If you are a prime contractor with a small business subcontracting plan, you may wonder “when” a small business subcontractor should render its size representation, and what are the subcontractor’s obligations to rerepresent its size status, such as after a merger or acquisition. Both the SBA size regulations and the FAR are clear that a subcontractor’s representation of its size status at the time it submits its offer for the subcontract governs the subcontractor’s size status for the subcontract. Thus, subcontractors’ size . . . Read More