Small Business Administration

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

Practical Implications of DoD $100 Million 8(a) Sole-Source Threshold IncreaseWe 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 MillionThe 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.

New 8(a) BD Program Requirements Effective July 15, 2020As we noted previously, the Small Business Administration’s (SBA) final rule updating the qualification requirements for the 8(a) Business Development (BD) Program will go into effect on July 15, 2020. Importantly, for individuals considering the 8(a) BD Program, the final rule will increase thresholds for qualifying as “economically disadvantaged” and remove prior distinctions between

Increased Flexibility in Paycheck Protection ProgramOn June 5, 2020, the Paycheck Protection Program (PPP) was amended by the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). PPPFA gives borrowers relief from some of the original terms of the PPP loans (as well as terms imposed by the Small Business Administration (SBA) through Interim Final Rules and other guidance) by