Topic Archives: Small Business

April 22, 2019Small Business

Key Takeaways from the Small Business Administration’s Revised Policy Directives for the SBIR and STTR Programs

The Small Business Administration (SBA) has statutory authority to establish federal Government-wide policies to implement the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. SBA recently issued a significantly revised final SBIR/STTR Policy Directive, which is effective May 2, 2019. See 84 FR 12794. Below we highlight the major changes implemented ...›

Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty

Those familiar with Federal procurements know the general rule:  If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the future.  That rule applies to bid protests at both the Government Accountability Office (GAO) and the Court of Federal Claims.  ...›

December 20, 2018Small Business

UPDATE: Small Business Runway Extension Act of 2018

The Small Business Runway Extension Act of 2018 is now law.  As we discussed in a previous post, the Act changes the look-back period for calculating gross annual receipts from three to five years for purposes of determining size.  In the coming year the Small Business Administration will likely promulgate implementing regulations interpreting the new ...›

December 10, 2018Small Business

Congress on the Cusp of Extending Small Business Status

UPDATED: The Small Business Runway Extension Act of 2018 is now law. The “Small Business Runway Extension Act of 2018,” which would expand the period of measurement for small business status from three years to five, is one step closer to becoming law, having recently passed the House and Senate.  This Act provides small businesses with the ...›

Small Business
November 20, 2018Small Business

SBA Plans Comprehensive Overhaul of HUBZone Program

In response to President Trump’s Executive Order to reduce regulatory burdens and control regulatory costs, the U.S. Small Business Administration (SBA) has proposed a rule to amend its regulations for the Historically Under-utilized Business Zones (HUBZone) Program.  The proposed rule promises to bring certainty and stability to a program that has been among SBA’s most ...›

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 ...›