Topic Archives: Small Business

Small Business
September 28, 2016Small Business

Challenge to 8(a) Business Development Statute Gets Rebuked

On Friday, September 9, 2016, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit Court of Appeals”) held that the statute creating the Small Business Administration’s “8(a) Program” is not unconstitutional.  Nevertheless, in addition to being appealed, the ruling creates possibilities for future successful challenges to certain aspects of the 8(a) Program and ...›

False Claims Act
August 23, 2016False Claims Act, Small Business

4 Steps For Avoiding FCA Traps For SBA Lenders

Recent U.S. Department of Justice enforcement and qui tam suits demonstrate that Small Business Administration lenders face increasing risk of liability under the False Claims Act. This article provides an overview of SBA programs, describes traps for potential liability, and highlights steps that SBA lenders can take to reduce FCA exposure. ...›

small business
August 22, 2016Small Business

The Import of Federal SBIR and STTR Programs and Why Congress Should Act Quickly to Reauthorize These Programs and Make Them Permanent

Despite bipartisan efforts, the future is uncertain for the by all accounts highly successful Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs. Authorization for the current programs expires September 30, 2017. Reauthorization efforts are underway, but it is not clear at this time when the House and Senate will consider the pending legislation necessary to ensure no lapse in the programs. ...›

Small Business
August 4, 2016Small Business

New Opportunities for All: SBA Expands the Small Business Mentor Protégé Programs

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a) mentor-protégé program, open to all categories of small businesses. Contractors have been waiting for this change – one of the most significant in recent years – since Congress authorized the expansion of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013. ...›

small business
July 20, 2016Health Care, Small Business

GSA Guidance Post-Kingdomware: The “Rule of Two” Does Not Apply To All Federal Supply Schedule Task and Delivery Orders

In a recent article, we speculated that Kingdomware Techs., Inc. v. United States would have broader implications for small business set-aside requirements under General Services Administration (GSA) Federal Supply Schedules (FSS). The article highlights the split between the Kingdomware decision and GSA’s longstanding position that ...›

Small Business
July 13, 2016Health Care, Small Business

Kingdomware: Broader Than SCOTUS Intended?

In a unanimous opinion overturning the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court held that the Department of Veterans Affairs (VA) must consider whether two veteran-owned small businesses (VOSBs) can perform a proposed contract before issuing a solicitation. ...›

Litigation
June 17, 2016False Claims Act, Small Business

Government Contracts Takes Center Stage On Supreme Court Docket

In what was a banner day for government contracts on First Street yesterday, the Supreme Court issued two government contracts related decisions. First, in Kingdomware Technologies, Inc. v. United States, a case in which some of the firm’s attorneys participated, the Supreme Court overturned the Federal Circuit and Court of Federal Claims (and agreed with the Government Accountability Office) in concluding ...›