Topic Archives: Small Business

September 22, 2021Small Business

SBA Issues Final Rule on Appeals Process for PPP Loan Review Decisions

The Small Business Administration (SBA) issued a final rule on Borrower Appeals of Final SBA Loan Review Decisions Under the Paycheck Protection Program on Thursday, September 16, 2021, that updates its interim final rule from August 27, 2020, and clarifies open issues. As we discussed previously, the SBA may review a borrower’s Paycheck Protection Program (PPP) loan application or ...›

September 2, 2021Small Business

GAO Rules on Solicitation Requirements for Small Business Joint Venture Facility Security Clearances

In an important new decision, InfoPoint LLC, B-419856, Aug. 27, 2021, the Government Accountability Office (GAO) has sustained a protest against a Department of Defense (DOD) agency that insisted that small business joint venture offerors themselves were required satisfy a solicitation’s Facility Security Clearance requirements. The GAO found that the agency’s refusal to accept Facility Security ...›

August 17, 2021Small Business

FAR Councils Promulgate Final Rule Implementing SBA’s 2016 Revisions to the Limitations on Subcontracting Rule

After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among the changes is the welcome implementation in the FAR of an updated rule allowing first-tier subcontracts to similarly situated entities to count toward a small ...›

April 22, 2021Small Business

Levels of Accountability: What Federal Contractors Should Know About Small Business Subcontracting Plans and Compliance Reviews

Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to small businesses, contractors that are “other than small” are obliged to ensure that the small business subcontracting goals are met. Contractors that ...›

April 1, 2021Coronavirus, Small Business

All Is Not Forgiven: PPP Forgiveness and Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled:  “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations:  What It Means for Government Contractors.”  The hearing focused specifically on the interplay between Paycheck Protection Program (PPP) loan forgiveness and Federal Acquisition Regulation (FAR) 31.201-5 ...›

February 3, 2021Small Business

Access to Capital-Funding Opportunities for Minority-Owned Businesses in Government Procurement (Guide 4 of 4)

Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of the primary barriers for MBEs hoping to enter the government contracting world. Access to capital and access to contracts form ...›

February 3, 2021Small Business

8(a): The Small Business Administration’s Program for Socially & Economically Disadvantaged Businesses (Guide 3 of 4)

SBA’s 8(A) BUSINESS DEVELOPMENT PROGRAM What is the 8(a) program and what is it intended to do? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small minority-owned businesses compete in the wider American economy. See 13 C.F.R. Part 124 Do I Qualify? Eligibility checklist (get a preliminary assessment at ...›

February 3, 2021Protests & Litigation, Small Business

Small Business Administration (SBA) Programs (Guide 2 of 4)

Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting.  Read on to learn more about some common programs, the basic eligibility requirements, and how to register for them.  These programs are quite complicated and you should consult counsel if you have questions regarding whether you qualify.  Note: misunderstandings ...›

February 1, 2021Small Business

Roadblocks Inherent to the Public Procurement Process for Minority-Owned Businesses (Guide 1 of 4)

In the next four posts, we will share guides specific to federal contracting as a minority-owned small business. Minority-owned businesses often face unique challenges in the public procurement process due to systemic barriers embedded in the process. These barriers affect minority-owned business at all stages of the process—from solicitation and bidding to completion—and put these ...›

January 19, 2021Small Business

The Economic Aid Act and a Second Round of PPP Loans

The Consolidated Appropriations Act of 2021, which became law on December 27, 2020, includes a second round of stimulus funding in the form of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act(the “Economic Aid Act”). Among many other measures, the Economic Aid Act further extends and revises the Paycheck Protection Program (“PPP”), ...›