SBA Proposes Revisions to Bona Fide Place of Business Requirements for 8(a) Construction Contracts

The bona fide place of business requirement provides that for 8(a) construction contracts, the contractor must have an SBA-approved bona fide place of business in the applicable geographical area. Since August 25, 2021, and as PilieroMazza reported , SBA placed a moratorium on the bona fide place of business requirements for 8(a) construction contracts. The moratorium was extended through September 30, 2023. This client alert reviews certain proposed changes that government contractors operating in the construction sector and participating in the 8(a) . . . Read More

Impact of SBA Proposals on Federal Subcontracting

As PilieroMazza recently  noted , SBA released a major proposed rulemaking that will impact government contractors. The proposed rule is focused on SBA’s 8(a) Program (see our client alert highlighting those proposed changes here ), but it also impacts the rules for subcontracting on federal projects. This client alert provides contractors with an overview of SBA’s proposals related to the limitations on subcontracting, subcontractor affiliation, and subcontracting plans. Limitations on Subcontracting (LOS) SBA’s rules currently provide that the period of time used to determine . . . Read More

SBA’s Proposed Rule Alters the Landscape for Size and Status Protests

On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program (covered here in a previous PilieroMazza alert). Scattered throughout the Rule are various protest-related changes for the Women-Owned Small Business (WOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Historically Underutilized Business Zone (HUBZone) Programs. The Rule expands and limits the ground rules for filing a size or status protest against an apparent successful offeror. To avoid losing contracting opportunities . . . Read More

Impact of SBA Proposals on WOSB and HUBZone Programs, Joint Ventures/Mentor-Protégés, and Nonmanufacturer Rule Waivers

As PilieroMazza noted recently here , SBA released a major proposed rulemaking that will impact government contractors. While the proposed rule is heavily geared toward SBA’s 8(a) Program, SBA included proposals for many of its other small business programs as well. This client alert provides contractors with an overview of SBA’s proposals related to Woman-Owned Small Business (WOSB) and HUBZone Programs, as well as joint ventures and nonmanufacturer rule (NMR) waivers.  WOSB Program As you may be aware, SBA’s regulations provide . . . Read More

SBA Seeks Comments on Proposed Updates to the 8(a) Program and Many Other Government Contracting Programs

On September 9, 2022, the Small Business Administration (SBA) published a proposed rule that would make many significant changes to SBA’s 8(a) program requirements, the Women-Owned Small Business (WOSB) and HUBZone programs, subcontracting, protests, and more. Public comments on SBA’s proposals are due by November 8, 2022. Government contractors that participate in any of SBA’s small business programs should take note of the proposed changes and consider whether to address them through public comment. There is a lot to unpack in this . . . Read More

New SBA Rule Enhances Past Performance Opportunities for Small Businesses

On August 22, 2022, the U.S. Small Business Administration (SBA) will implement a final rule that provides two new methods by which small businesses can obtain past performance credit when competing for federal prime contracts. First, the rule allows certain small business offerors to rely on the past performance of joint ventures (JV) in which they were a member. Second, the rule establishes a process by which certain small businesses can request, obtain, and rely upon past performance obtained when performing as a . . . Read More

Law360 Publishes Meghan Leemon’s Article on the Extension of SBA’s Bona Fide Place of Business Moratorium

Law360 recently published an article by  Meghan Leemon , an attorney in the  Government Contracts Group  at  PilieroMazza . In the Expert Analysis piece, titled “Benefits Of The Extended SBA Place Of Business Moratorium,” Meghan discusses the Small Business Administration’s extension of its moratorium on enforcement of the bona fide place of business requirement, giving small, disadvantaged businesses more time to participate in 8(a) construction projects without the need for an SBA-approved place of business. Please visit this  link  for the full article.

SBA Extends Bona Fide Place of Business Moratorium

Last August, PilieroMazza reported that Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, announced that SBA will be suspending the bona fide place of business requirement for 8(a) construction contracts, effective immediately.  While the Small Business Act requires that, to the “maximum extent practicable, construction subcontracts awarded by the Administration pursuant to this subsection shall be awarded within the county or state where the work is to be performed,” in light of the COVID-19 pandemic, it . . . Read More

Fraud Allegations Could Bedevil Borrowers in SBA COVID-19 Relief Programs for Many Years

As everyone who has been tracking the COVID-19 relief programs since 2020 knows, at the outset there was massive confusion about the programs’ requirements as well as fear that funding could run out before businesses with uncertain futures could secure assistance. Now, two years later, we have heard from numerous clients who have received notice that the Small Business Administration (SBA) intends to audit the Paycheck Protection Program (PPP) Loan or Economic Injury Disaster Loan (EIDL) applications, and even of . . . Read More