Topic Archives: Small Business

Small Business
May 14, 2018Small Business

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules.  In the recently issued Analytic Strategies, Inc., SBA No. VET-268, decision, OHA held that a service-disabled veteran-owned small business concern ...›

Small Business
March 7, 2018Small Business

SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations

In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) retains its SDVO SBC status for the life of multiple award task order contracts even when acquired by a non-veteran-owned company.  The ...›

Small Business
December 11, 2017Small Business

Court of Federal Claims Rejects SBA Decision that Future Conditional Restriction on Stock Ownership Destroys “Unconditional Ownership”

Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business qualified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) by VA standards, but not at the SBA (or vice versa).  One such puzzler is the requirement for unconditional ...›

Defense
October 30, 2017Defense, Federal Procurement, M&A, Small Business

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the increased use of unorthodox contracting methods such as Other Transaction Agreements, the success of and potential fallout from the All ...›

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. ...›