By Nicole Wolfe on October 27, 2021 | Posted in Bid Protests
If you reasonably believe the awardee of a small business set-aside is really a large business, then you can file a Small Business Administration (“SBA”) size protest. The federal government reserves a portion of its procurement dollars for purchasing products or services from small businesses. These set-asides help small businesses compete for federal government contracts. Not surprisingly, however, some businesses who are initially awarded these contracts are actually large businesses posing as small business concerns. A size protest presents a quick and economical option to challenge the award to such a large business.
By Howard W. Roth on June 5, 2020 | Posted in Small Business
The Small Business Innovation Research (SBIR) Program is designed to facilitate opportunities for small businesses to work with the Federal Government on research and development (R&D) projects. (Similarly, the Small Business Technology Transfer Program (STTR) facilitates public/private partnerships for R&D.) These programs are exceptional vehicles for bringing new technology to […]
By Howard W. Roth on March 30, 2020 | Posted in Legislative and Regulatory Developments
As this is a fast moving topic, please note that this article is current as at 03/30/20. On Friday March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Act includes a lifeline for small businesses fighting to keep workers on the payroll during the […]
By Oles Morrison on January 17, 2019 | Posted in Small Business
One of the more significant developments in 2018 for both small business primes and large companies with small business subcontractors was the passage of the Small Business Runway Extension Act (the “Act”), which was signed into law December 17, 2018. The Act, in amending the Small Business Act, increases the […]
By Adam K. Lasky on October 31, 2018 | Posted in Legislative and Regulatory Developments
Today, the SBA issued major proposed rule changes to the HUBZone program. This is the first comprehensive revision to the HUBZone rules since the program’s implementation nearly 20 years ago, and the changes are intended to improve the predictability and stability of the program for participants. In general, to qualify […]
By Eric P. Forner on August 14, 2018 | Posted in Small Business
The continued initiative from Alaska Senators has recently brought about a reinterpretation of the requirements imposed by the Small Business Administration’s “8(a)” program – aimed at helping companies owned by minorities and disadvantaged groups compete in federal contracting. In 1986, Congress expanded the “8(a)” program to include Alaska Native Corporations […]
By Oles Morrison on May 30, 2018 | Posted in Legislative and Regulatory Developments
Back when Congress passed the FY2017 NDAA, they included a provision (Section 1822) requiring SBA to create a pilot program to provide opportunities for qualified subcontractors to obtain past performance ratings. Specifically, Congress mandated that SBA create a 3-year pilot program whereby small business concerns without a past performance rating […]
By Oles Morrison on April 27, 2018 | Posted in Bid Protests
In the RAND Corporations’s 2018 report on DoD bid protests, RAND highlighted some concerning statistics regarding bid protests filed by small businesses. RAND discovered that more than 50% of protests were being filed by small businesses (more than double the percentage of prime contract dollars going to small businesses), and […]
By Oles Morrison on April 5, 2018 | Posted in Legislative and Regulatory Developments
As we were reviewing the regulatory agendas of various federal agencies for upcoming regulations that might impact federal contractors, we noticed that the U.S. Small Business Administration’s (“SBA”) most recent regulatory agenda included an upcoming proposed regulation entitled “Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments.” Specifically, SBA’s […]
By Oles Morrison on August 23, 2017 | Posted in Bid Protests
With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]
By Oles Morrison on January 17, 2017 | Posted in Small Business
In the Size Appeal of Gregory Landscape Services, Inc., the U.S. Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) heard an appeal following a Size Determination in which the SBA Area Office held that Gregory Landscape Services, Inc. (“Appellant”) was not a small business under the applicable size standard associated with the subject procurement. […]
By Oles Morrison on December 29, 2016 | Posted in Legislative and Regulatory Developments
Recently, the U.S. Export-Import Bank (EXIM) issued a proposal that would align its size standards for determining whether a business qualifies as a “small business” with the Small Business Administration’s (SBA) current SBA Loan Program standards. Such a change would decrease inconsistencies among the entities, and potentially increase EXIM lending […]
By Oles Morrison on October 6, 2016 | Posted in Procurement Issues
Last month, the U.S. Court of Appeals for the D.C. Circuit handed down an opinion in Rothe Development, Inc. v. U.S. Department of Defense affirming a lower court’s 2015 decision denying a challenge to the constitutionality of Small Business Administration’s (“SBA”) 8(a) business development program (“8(a) Program”). However, reading the majority and […]
By Oles Morrison on August 24, 2016 | Posted in Bid Protests
James F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs from the Small Business Administration and other new developments affecting […]
By Adam K. Lasky on August 4, 2016 | Posted in Legislative and Regulatory Developments
In the U.S. Small Business Administration (SBA) Office of Business Development’s most recent report to Congress, SBA’s statistics reflect that approximately 23 percent of companies that complete the 8(a) program either cease to exist, substantially curtail operations, or have no available information within three years of graduation from the program. […]