In 2022, there will inevitably be an uptick in the number of appeals of Small Business Administration (SBA) loan decisions in the Paycheck Protection Program (PPP) context. This is due simply to the passage of time, to the point where a significant number of PPP recipients have applied for or will be applying for forgiveness
WOSB/EDWOSB Amendments to the FAR Are Here
The 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 Decisions
The 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
AGC Announcement Raises Doubts on PPP Questionnaire: What Contractors Need to Know about Your PPP Forms
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 Year
On 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 Initiative
The 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 Scorecard
The 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
Practical Implications of DoD $100 Million 8(a) Sole-Source Threshold Increase
We recently wrote about the Department of Defense (DoD) amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring defense contracting agencies to issue sole-source justifications to companies participating in the Small Business Administration’s (SBA) 8(a) program. The amendment – DFARS 206.303-1 – increased the DoD threshold from $22 million
DoD Formally Increases 8(a) Sole-Source Threshold to $100 Million
The Department of Defense (DoD) recently issued a formal amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the threshold for requiring contracting agencies to issue sole-source justifications of federal contract awards to companies participating in the Small Business Administration’s 8(a) program. The amendment increases the threshold from $22 million to $100 million.