This special edition covers the SBA’s August 2024 proposed rule to update and clarify various small business programs, and is hosted by Yuan Zhou and Olivia Lynch. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government
On August 23, 2024, the Small Business Administration (SBA) posted a proposed rule to update and clarify aspects of various SBA small business programs, including but not limited to the HUBZone Program and 8(a) Business Development Program. This proposed rule followed SBA’s July 22, 2024 notification of tribal consultation meeting and request for comments (which Crowell covered here). Continue Reading SBA Proposed Rule Would Enact Material Changes as Well as Promote Regulatory Uniformity Across Size and Status Programs
On July 22, 2024, the Small Business Administration (SBA) posted a notification of tribal consultation meeting and request for comments regarding updates to the HUBZone and 8(a) Business Development Programs. Of critical importance for any contractors participating in the SBA’s Mentor-Protégé Program, SBA is also seeking comments on prospective policy changes addressing joint venture participation in SBA’s programs. SBA has identified perceptions that:Continue Reading SBA Seeks Comment on Prospective Policy Change Regarding Mentor-Protégé Joint Venture Eligibility For Multiple Award Contracts
The San Diego Union-Tribune reports that a homeowners association (HOA) in California has reached an agreement with the Department of Justice (DOJ) to resolve allegations that the HOA obtained approximately $1.5 million in loans through the Paycheck Protection Program (PPP) that the HOA was not entitled to receive due to its status as a 501(c)(4) organization. The HOA reportedly will pay $2,037,451 to resolve the allegations. Of that amount, $244,494 will go to Wade Riner—the relator who initiated the action by filing a complaint under seal pursuant to the qui tam provisions of the False Claims Act (FCA). According to the Tribune’s reporting, Riner has filed dozens of similar FCA suits across the country.Continue Reading 501(c)(4) HOA to Pay Over $2M to Resolve FCA Allegations in Connection with PPP Loan
On October 5, 2023, the Information Security Oversight Office issued Joint Notice 2024-01: Joint Ventures and Entity Eligibility Determinations (Joint Notice) with the Small Business Administration (SBA) and in coordination with the Department of Defense (DoD) to provide government contractors with additional guidance concerning joint ventures (JVs) seeking access to classified information (an Entity Eligibility Determination (EED) or Facility Clearance (FCL)). Among other things, this Joint Notice clarifies that companies should not rely on the SBA’s regulations for the proposition that a small business JV will never need to hold an EED. Continue Reading New Guidance on Joint Venture Classified Information Access Determinations
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, host Olivia Lynch discusses recent amendments to the Small Business Administration’s ostensible subcontractor rule
On October 11, 2023, the Department of Justice announced a $9 million settlement with Victory Automotive Group Inc. (VAG) to resolve allegations that it violated the False Claims Act (FCA) by knowingly providing false information in support of its Paycheck Protection Program (PPP) loan. This settlement is one of the larger ones to date related to receipt of a PPP loan and one of the first in which affiliation rendered a PPP borrower other than small.Continue Reading Affiliation Renders PPP Borrower Not Small for its $6.28M PPP Loan, Resulting in a $9M FCA Settlement
This week’s episode covers a new DFARS provision about Commercial Solutions Opening, a bid protest decision about timeliness, significant developments in the SBA’s 8(a) Business Development Program, and updates to the Davis-Bacon Act and Related Acts, and is hosted by Peter Eyre, Olivia Lynch, and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a
In this episode, Jason Crawford, Olivia Lynch, and Agustin Orozco discuss government investigations and enforcement trends regarding pandemic relief fraud. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.
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The Small Business Administration has begun outreach to current participants in its 8(a) Business Development Program regarding the impact of the U.S. District Court for the Eastern District of Tennessee’s July 19, 2023 decision enjoining SBA from applying a rebuttable presumption of social disadvantage to individuals of certain racial and ethnic groups.
For 8(a) Participants whose program eligibility is based upon one or more individuals that relied upon the presumption of social disadvantage based on their membership in one of the identified groups (such as Asian Pacific Americans, Black Americans, Hispanic Americans, Subcontinent Asian Americans, and Native Americans), such participants will be required to establish their individual social disadvantage by completing a social disadvantage narrative. No new 8(a) contracts can be awarded to these entities until SBA affirmatively determines that the individual(s) upon whom eligibility is based has established personal social disadvantage. Continue Reading Current Participants in the SBA 8(a) Program – Be on the Lookout for Outreach on Social Disadvantage