Topic Archives: Small Business

Small Business
September 11, 2017Acquisition Regulations, Small Business

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal.  Instead, different size standards define small business status for different procurements.  The size standards vary from industry to industry, so a given firm may be a small business for one procurement at the same time it ...›

Small Business
April 19, 2017Small Business

SBA’s “All Smalls” Mentor-Protégé Tips and Discussion

On Thursday, April 13, 2017, MoFo partner Damien Specht moderated the “SBA’s ‘All Smalls’ Mentor-Protégé Tips and Discussion” seminar. The panel included Sandra Clifford, Deputy Director, All Small Mentor-Protégé Program, Small Business Administration and Jennifer Morrison, Associate General Counsel, Booz Allen Hamilton. The discussion centered on SBA’s recently expanded mentor-protégé program and the opportunities it ...›

Small Business
April 12, 2017Small Business

How Will the SBA’s Mentor-Protégé Program Impact Government Contractors?

Recently, the federal government has become more serious about issuing contracts to small businesses and that requires contractors to approach this market with creative solutions.  One of those solutions is the Small Business Administration’s newly expanded Mentor-Protégé program, which allows large businesses to team with a larger variety of small businesses and to pursue contracts ...›

Small Business
January 31, 2017Compliance, Small Business

Prime Contractors Beware: Reduced or Untimely Subcontractor Payments May Require Reporting

A new Federal Acquisition Regulation (“FAR”) final rule that implements a section of the Small Business Jobs Act of 2010 requires certain prime contractors to “self-report” to their contracting officers all reduced or untimely payments to their small business subcontractors. 82 Fed. Reg. 93481. New FAR 52.242-5(b) explains that the “Contractor shall notify the Contracting Officer, ...›

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 ...›