Small Business Administration

The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime contracts with the federal government. The purpose of the rule is to address a common problem faced by small businesses

The U.S. Small Business Administration (SBA) recently issued a final rule adopting a 24-month — as opposed to the current 12-month — average to calculate a business’s number of employees for eligibility purposes in all SBA programs that contain employee-based size standards. SBA’s new rule — which takes effect July 6, 2022 — is discussed

WOSB/EDWOSB Amendments to the FAR Are HereThe Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) recently proposed a series of noteworthy amendments to the Federal Acquisition Regulation (FAR) that impact Women-Owned Small Business (WOSB) concerns and Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns. The key proposed amendments to the FAR — which

PPP Deferment Extended for Borrowers Who Appeal Forgiveness DecisionsThe Small Business Administration (SBA) recently issued an interim final rule that extends the deferment period for Paycheck Protection Program (PPP) borrowers who appeal final SBA loan review decisions.

Prior to the issuance of this interim final rule, the rule for appeals of final SBA loan review decisions on PPP loans provided that appeals by

FAR Limitation on Subcontracting Rules Are Finally Here!In 2016, the Small Business Administration (SBA) updated its regulations pertaining to limitations on subcontracting. Five years later, on August 11, 2021, the Federal Acquisition Regulation (FAR) Council finally followed suit by publishing two final rules that largely mirror the SBA’s rules. This is a welcome development for federal contractors, as the discrepancy between the

Hold Those Forms: AGC Announcement Raises Doubts on PPP Questionnaire

The Small Business Administration’s Paycheck Protection Program (PPP) Loan Necessity Questionnaire may soon be a thing of the past. Last fall the SBA began requiring lenders to provide certain questionnaires to PPP borrowers that received loans of $2 million or more. The questionnaire was meant to help assess the veracity of a borrower’s certification that

SBA Extends 8(a) Program Terms by One YearOn January 13, 2021, the Small Business Administration (SBA) issued an interim final rule to, among other things, amend § 124.2 of its regulations to incorporate the optional program term extension for small business concerns participating in the 8(a) Business Development (BD) program on March 13, 2020. Specifically, revised § 124.2 provides that, for a

SBA Issues Sweeping Regulatory Changes in Response to Presidential InitiativeThe Small Business Administration (SBA) recently published a much-anticipated final rule on a series of important regulatory amendments, including the:

  • Consolidation of the 8(a) Business Development (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program;
  • Elimination of the requirement that 8(a) participants seeking to be awarded an 8(a) contract as a joint venture (JV) submit

SBA Issues Annual Small Business Procurement ScorecardThe U.S. Small Business Administration (SBA) recently issued its annual procurement scorecard showing how well federal agencies fared in Fiscal Year 2019 with respect to their small business and socio-economic prime contracting and subcontracting goals.

Of note, the SBA reports that 26.50% (or $132.9 billion) of the total federal contracting dollars spent by the government