On October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of action for a subcontractor against a general contractor. The dispute arose from a project for
Public-Private Partnerships
New SBA Guidance for Partnerships and LLCs Applying for Paycheck Protection Program Loans
On April 14, 2020, the Small Business Administration (SBA) posted an additional Interim Final Rule for the Paycheck Protection Program (PPP). This new Interim Final Rule functions as a supplement to the first PPP Interim Final Rule posted on April 2, 2020. The April 14, 2020, Interim Final Rule is effective immediately and gives guidance…
All Means All: Who “Controls” an SDVOSB?
A recent bid protest appeal decision by the U.S. Court of Appeals for the Federal Circuit — XOtech, LLC v. United States — provides clear guidance on what it means to “control” a service-disabled veteran-owned small business (SDVOSB). In short, for a limited liability company (LLC) to qualify as an SDVOSB, at least one service-disabled…
All Small Mentor-Protégé Program 2018 Year-End Report
The Small Business Administration (SBA) started accepting applications for the All Small Mentor-Protégé Program (ASMPP) in 2016, but SBA has seen a surge in applications in 2017 and 2018.
Under the ASMPP, any small business—including 8(a) small businesses, Historically Underutilized Business Zone (or HUBZone) small businesses, veteran-owned and service-disabled veteran-owned small businesses (VOSBs/SDVOSBs), woman-owned and…
SBA “Contemplates” Consolidating 8(a) and All Small Mentor-Protégé Programs
The U.S. Small Business Administration (SBA) recently issued a notice in the Federal Register stating that it “is contemplating making substantive changes to the regulations” governing the 8(a) Business Development program, and that it “requests comments and input on how best to reduce unnecessary or excessive regulatory burdens” on the program.
Of particular importance, the…
All Small Mentor-Protégé Program Year-End Report: Fast Figures Small and Large Businesses Need to Know
The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in 2017.
Under the ASMPP, any small business—including Historically Underutilized Business Zone (or HUBZone) small businesses, 8(a) small businesses, veteran-owned and service-disabled veteran-owned small businesses (VOSBs/SDVOSBs), woman-owned and…
All Small Mentor-Protégé Program Mid-Year Report: Fast Figures Small and Large Businesses Need to Know
The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in the first six months of 2017.
Under the ASMPP, any small business – including Historically Underutilized Business Zone (or HUBZone) small businesses, 8(a) small businesses, veteran-owned and…
Status of Public Private Partnerships in Texas
In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering projects that a governmental authority does not have either the funding or expertise to complete on its own. In Texas,…
Will Expanding P3 Legislation Impact You?
Recent legislation in Kentucky and Tennessee:
Kentucky and Tennessee have recently been added to the growing list of states allowing the use of public-private partnerships (P3). The Kentucky Legislation (HB 309) was passed on April 11, 2016, requiring regulations to be published by the end of 2016. The legislation allows the use of P3 for…
Public-Private Partnerships: The Solution to the Problem with Our Aging Infrastructure?
It is no secret that the most significant budget challenges that the United States faces on both a state and national level revolve around the cost to repair and replace our aging infrastructure. In 2014, the American Society of Civil Engineers (ASCE) graded the overall conditions of the U.S.’s infrastructure as a D plus, and…