Washington Business Journal: PilieroMazza’s Cy Alba Discusses How DCSA’s Rejection of an SBA Facility Clearance Regulation Impacts Small Businesses
In the excerpt below from the Washington Business Journal article “What the DCSA’s Rejection of an SBA Regulation Means for Your Business,” PilieroMazza ’s Cy Alba , a partner in the Firm’s Government Contracts Group , discusses how the Defense Counterintelligence and Security Agency’s refusal to follow a new Small Business Administration facility clearance mandate impacts small businesses, joint ventures, and the overall federal marketplace. To view the full article, please visit this link . On November 16, 2020, a slew of Small Business Administration (SBA) regulations . . . Read More
CVE’s SDVOSB and VOSB Verification to Transfer to SBA January 1, 2023
The U.S. Department of Veterans Affairs (VA) has announced that the functions of its Center for Verification and Evaluation (CVE) will be fully transferred to the U.S. Small Business Administration (SBA) on January 1, 2023. The CVE certifies service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) to compete for set-aside and sole-source contracts under the VA’s Veterans First Contracting Program, which—with some exceptions—currently operates independently of SBA’s SDVOSB program. This transfer will eliminate the VA’s separate SDVOSB and VOSB . . . Read More
BREAKING: SBA to Suspend Bona Fide Place of Business Requirements for 8(a) Construction Contracts, Effective Immediately
Bibi Hidalgo, the Associate Administrator for SBA’s Office of Government Contracting and Business Development, just announced during her keynote address at the National 8(a) Association Alaska Regional Conference that SBA will be suspending the bona fide place of business requirement for 8(a) construction contracts, effective immediately. Ms. Hidalgo stated that SBA has been looking for ways to empower small businesses and lessen their burden. She accounted, “I am excited to announce today, for the first time, a new SBA policy, . . . Read More
SBA Issues New HUBZone Guidance and Map Updates
The Small Business Administration (SBA) has once again updated its HUBZone FAQs—this time with welcome changes for HUBZone firms with principal offices located in Redesignated Areas and / or Qualified Disaster Areas (QDA). The latest FAQs state that they were effective June 24, 2021, but we saw them for the first time on SBA’s website earlier this month. Below are our top five takeaways from the latest FAQs. While SBA’s FAQs continue to state that a firm located in a . . . Read More
New CIO-SP4 Modification – An Undue Restriction on Competition and a Violation of SBA Regulations?
On June 22, 2021, the National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued its third modification to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request for Proposals (RFP). Among other things, NITAAC made significant changes to how subcontractors and mentors in Small Business Administration (SBA) approved mentor-protégé programs are treated for purposes of the evaluation. The RFP appears to disallow the use of any subcontractor experience, past performance, or other qualifications, including from small businesses, . . . Read More
SBA Proposes to Increase Small Business Eligibility for Loan Programs Through Size Standard Revisions
On May 25, 2021, the Small Business Administration (SBA) issued a proposed rule that would increase size standards for 49 industries in the Wholesale Trade (Sector 42) and Retail Trade (Sectors 44-45) sectors. The North American Industry Classification System (NAICS) codes under these sectors are not used to classify government acquisitions for supplies. Instead, procurements for supplies are classified under a manufacturing or supply NAICS code. Therefore, SBA estimates that this rule would not have any impact on federal contract dollars awarded . . . Read More
SBA Extends the HUBZone Map Freeze to June 30, 2023
Today, the Small Business Administration (SBA) issued a direct final rule extending the HUBZone map freeze from December 31, 2021, to June 30, 2023. The direct final rule (available here ) takes effect on June 21, 2021. This is the latest in a series of developments for the HUBZone Program in 2021; read PilieroMazza’s previous coverage on the developments impacting the HUBZone Program here and here . Several years ago, SBA froze the HUBZone maps until December 31, 2021, to ensure that firms . . . Read More
GAO Holds Solicitation Requirement Violates SBA’s Regulations Regarding Small Business Mentor-Protégé Joint Ventures
In a recent decision , the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors. This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal. As relevant background, the Small Business Administration (SBA) revised its regulations in November . . . Read More
OHA Upholds SBA Denial of Admission to 8(a) Program for Failure to Demonstrate Status as Recognized Indian Tribe
In a noteworthy decision this February, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) upheld SBA’s determination denying GTEC Industries, Inc. (GTECI) entry into the 8(a) Business Development Program as a tribally owned entity. [1] For businesses seeking 8(a) program certification, this decision highlights the importance of demonstrating eligibility by a preponderance of the evidence. GTECI’s 8(a) application has a lengthy history. GTECI first applied to the 8(a) program in May 2017 and was denied in May 2018 . . . Read More