SBA Adopts Critical Rule Change on Small Business Recertification: Tweaking Its “Technical Correction”

As we recently highlighted , on October 16, 2020, the U.S. Small Business Administration (SBA) enacted a final rule (Rule) that merges the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program and makes a number of other significant changes that impact the small business contracting community. One modifies SBA’s recertification rules and will directly affect a contractor’s ability to pursue options and orders set aside under pre-existing contracts. SBA’s regulations require a concern to recertify its small business size / socio-economic . . . Read More

SBA Issues Guidance for PPP Lenders on Required Consents for Change in Ownership of PPP Borrowers

On Friday, October 2, the U.S. Small Business Administration (SBA) issued guidance for lenders administering loans under the Paycheck Protection Program (PPP) regarding what involvement by the SBA (if any) is required when a PPP borrower undergoes a transaction resulting in a change in ownership.  This guidance addresses several questions with which PPP borrowers and lenders have been struggling over the past several weeks and provides clarity around what the expectations are for when SBA consent is required and what . . . Read More

SBA in FY21: What’s Ahead for the Small Business Programs

PilieroMazza is a proud sponsor of the Small and Emerging Contractors Advisory Forum (SECAF), and partner Jon Williams is the Co-Chair of SECAF’s Planning Committee. On October 14th, SECAF will be hosting a panel discussion focused on the Small Business Administration (SBA) that may be of interest to many of our clients. Titled “SBA in FY21: What’s Ahead for the Small Business Programs,” the webinar will feature two panelists from SBA, Barbara Carson, SBA’s Deputy Associate Administrator for the Office of Government . . . Read More

Tony Franco Comments on SBA’s Procurement Scorecard for Law360

The annual dollar value of federal contracts awarded to small businesses broke a record in 2019 for the third year in a row, but the positive numbers obscure the continuing decline in the number of small businesses that participate in government deals. . . . The drop can be at least partially attributed to federal agencies consolidating their contractual needs into fewer and larger procurements. While this may be efficient, it also cuts against other government goals like maximizing competition . . . Read More

Certain SBA Loan Review Decisions Under Paycheck Protection Program Appealable

Millions of small businesses applied for and received loans under the Paycheck Protection Program (PPP), which was a temporary program established under the CARES Act enacted by Congress to provide relief to America’s small businesses due to the devastating effects of COVID-19.  But some businesses were denied loans and others are seeking forgiveness, only to find that they were deemed ineligible for full or partial forgiveness.  A new rule may provide small businesses with options to appeal these decisions. An . . . Read More

SBA Issues More New Guidance on PPP Loan Forgiveness

In a new FAQ published on August 4, 2020, SBA clarified some additional points from the use of scanned documents to support the application to the forgiveness eligibility of costs incurred or paid during the chosen covered period. As always, PilieroMazza wants to bring this to the attention of all of our clients as we know many firms are currently preparing their forgiveness applications and these may be critical updates. General Loan Forgiveness If you are a sole proprietor/1099 or . . . Read More

GSA and SBA Issue Additional Guidance on Bidding Through Joint Ventures for STARS III

As we  wrote  on July 16th, SBA was interpreting 13 CFR 124.513(a)(2) as prohibiting awards of STARS III to both an 8(a) firm, individually, and a joint venture where that same 8(a) firm was the entity upon whom eligibility for the JV was based. Below we address additional guidance as to SBA’s interpretation of the prohibitions for 8(a) firms seeking to bid on STARS III—as well as compliance requirements—which are important to note as firms prepare their bidding strategies. As of Friday evening, SBA . . . Read More

SBA and Treasury Release New PPP Application Forms

As we reported in our previous alert , President Trump signed the Paycheck Protection Program Flexibility Act (“Flexibility Act”) into law. The bill makes numerous changes to the Paycheck Protection Program (“PPP”) aimed at improving loan forgiveness procedures and loosening restrictions on PPP funds. In accordance with the Flexibility Act, the Small Business Administration (“SBA”) and Department of the Treasury (“Treasury”) released revised application forms for businesses participating in the PPP. The new PPP application forms differ substantially from their previous . . . Read More