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Category Archives: Small Business

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Living in Harmony: Notable Changes to Synchronize the 8(a) and Small Business Mentor-Protégé Programs

Posted in Small Business
In this second part of our blog series about the July 25, 2016 SBA final rule implementing numerous changes to multiple SBA regulations and establishing a new small business Mentor-Protégé Program (SB MPP), we address how such implementation impacts the parallel 8(a) Business Development mentor-protégé program (8(a) MPP).  As the final rule points out, the… Continue Reading

SBA Opens the Floodgates: The Mentor-Protégé Program Expands to All Small Businesses

Posted in Small Business
On July 25, 2016, the SBA published its final rule establishing a government-wide mentor-protégé program for the benefit of all small businesses as protégés.  This widely-anticipated rule, implementing provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, provides increased opportunity for small and large businesses… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part IV: New Recertification Requirement Following Mergers & Acquisitions

Posted in Small Business
In this part of our ongoing series (see Part I, Part II and Part III) on the Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments implementing the National Defense Authorization Act of 2013 (FY2013 NDAA) Amendments, we address the new recertification requirement that is triggered following the merger, sale, or acquisition… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part III: What You Need to Know About Affiliation and Joint Ventures

Posted in Small Business
As we have previously addressed, the Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, has implemented numerous changes to small business contracting contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  Below we discuss an important change to one affiliation test as well… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part II: The Changes to Small Business Subcontracting Plans Have Immediate Impacts on Small and Large Businesses

Posted in Small Business
The Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, implements changes regarding small business subcontracting plans contained in the National Defense Authorization Act of 2013 (FY2013 NDAA).  We discuss the key changes below.  This rule becomes effective June 30, 2016, but as some of the… Continue Reading

The SBA Final Rule Implementing the FY2013 NDAA Part I: SBA Overhauls the Method for Calculating Compliance with the Limitation on Subcontracting Requirement

Posted in Small Business
The goal of the limitation on subcontracting requirement is to ensure that a certain amount of work is performed by a small business concern (SBC) when it qualifies for a small business program set-aside or sole source procurement due to its socioeconomic program status. SBA’s final rule, Small Business Government Contracting and National Defense Authorization… Continue Reading

Investors Beware: Minority Ownership Interests Can Create Affiliation and Defeat Small Business Size Status

Posted in Small Business
Far too often, investors, including venture capital companies, assume that as long as they do not retain the largest shareholder interest in a company, that they cannot create affiliation problems impacting what is a key to companies’ initial success in government contracting: small business status. Wrong. A recent U.S. Small Business Administration (SBA) Office of… Continue Reading

Significant Changes on the Horizon to Key SBA Regulations, Including the Limitations on Subcontracting

Posted in Small Business
On December 29, 2014, the Small Business Administration issued long overdue proposed amendments to its regulations (with 60 days for comments) to implement many of the provisions of the National Defense Authorization Act of 2013 relevant to small business contracting. Most notable is the complete overhaul of the calculation of the limitations on subcontracting requirement.… Continue Reading

New York Sets Six-Percent Contracting Goal for Veteran-Owned Small Businesses

Posted in Small Business
New York became the first state in the nation to establish a six-percent goal for participation in state contracts for service-disabled veteran-owned small businesses when Governor Andrew Cuomo signed into law the Service Disabled Veteran-Owned Business Act last week. Similar to the federal government’s procurement program for Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC), New York’s… Continue Reading

FAR Council Issues Proposed Rule Changes for Protests of Small Business Status

Posted in Small Business
The FAR Council issued a proposed rule on March 7, 2013, that would amend the FAR to mirror recent changes to the Small Business Administration’s procedures for protests and appeals of small business size and status determinations.  The rule also seeks to provide uniformity for protests and appeals of status as a HUBZone small business… Continue Reading

C&M Lawyers Conduct Live Webinar on Small Business Size Determination on Thursday, November 15

Posted in Small Business
At 1:00 p.m. (Eastern) on November 15, 2012, Crowell & Moring attorneys Amy O’Sullivan and Alexina Jackson will conduct a webinar on behalf of L2 Federal Resources entitled “Small Business Size Determination: Identifying and Avoiding Affiliation Traps.” This 90-minute webinar will provide an overview of the affiliation rules and factors, as well as how they… Continue Reading

Bill Would Authorize New “Preferences” and Calls for Stick to Ensure Agencies Award Contracts to Small Business Concerns

Posted in Small Business
On Wednesday, Congressman Bill Owens (D-NY) introduced the Small Business Growth and Federal Accountability Act of 2012 (H.R. 3779). The bill is designed to ensure that government agencies provide more work for small business concern by authorizing blanket preferences and providing for monetary sanctions for the failure to meet annual goals. Owens is the bill’s lone sponsor. … Continue Reading

OMB Establishes New Policy of Accelerated Payments to Small Business Contractors But Will It Work?

Posted in Small Business
A memorandum issued by the Office of Management and Budget on Wednesday, September 14, 2011, establishes a new Executive Branch policy that agencies should pay small business government contractors within 15 days of receiving proper invoicing documents. Currently, agencies are required to pay contractors within 30 days of receiving proper documentation under the Prompt Payment Act… Continue Reading

Webinar: The Universal Problem of Small Business Compliance: Spotting Risks and Finding Solutions

Posted in Small Business
Last November, we reported on the impact that SBA’s suspension of GTSI had on the government contracting community.  We wondered if the GTSI suspension was the beginning of a new enforcement trend by the SBA. Now, almost six months after that suspension, it is clear that the GTSI suspension was just the beginning. The SBA… Continue Reading

Contractor Settles Small Business Subcontracting Criminal Investigation for $22.4 Million

Posted in Small Business
A recent settlement by a construction company highlights the need for government contractors to ensure compliance with small business subcontracting requirements. Federal contractors with contracts over a certain size have long been required to put in place and implement a plan to subcontract a certain percentage of work to small and disadvantaged businesses. While the… Continue Reading