News & Analysis as of

Eligibility Determination Small Business Administration

Potomac Law Group, PLLC

Understanding SBA Affiliation Concepts

Affiliation is a key concept for small business owners who want to qualify for federal contracts and programs administered by the Small Business Administration (SBA) or the Disadvantaged Business Enterprise (DBE) or Airport...more

Potomac Law Group, PLLC

SBA 8(a) Business Development Program - How It Can Benefit Your Company and How to Get Certified

If you are a small business owner, you may be interested in applying for the 8(a) Business Development (BD) program, a nine-year federal program that helps eligible businesses owned and controlled by socially and economically...more

Bass, Berry & Sims PLC

New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures

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On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

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While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

Proskauer Rose LLP

Paycheck Protection Program – Borrower Appeals of Final SBA Loan Review Decisions

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On September 16, 2021, the U.S. Small Business Administration (“SBA”) issued an Interim Final Rule (the “Borrower Appeal Rule”) detailing the (largely technical) procedures for a Paycheck Protection Program (“PPP”) borrower...more

Proskauer Rose LLP

SBA Expands COVID Disaster Loans

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Effective September 8, 2021, the U.S. Small Business Administration (“SBA”) significantly expanded the ability of small businesses to apply for low-interest loans through the revised COVID Economic Injury Disaster Loan...more

Proskauer Rose LLP

Front and Center: Latest SVO Grant Numbers (UPDATED)

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The SBA stopped accepting new SVO Grant applications on August 20, 2021. The SBA is currently reviewing submitted SVO Grant applications and issuing awards. As of August 30, 2021, the SBA had made decisions on 90% of all...more

Proskauer Rose LLP

Front and Center: SVO Grants through the SBA (UPDATED)

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Updated as of August 16, 2021 - The Consolidated Appropriations Act, 2021 (the “CAA”), which provides $900 billion in new COVID-19 relief funding, was signed into law on December 27, 2020. Section 324 of Title III of the...more

Proskauer Rose LLP

A Seat at the Table: Restaurants to Receive Long-Awaited Stimulus Funds under the American Rescue Plan: Affiliation Overview

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[co-author: Perry Laub] The restaurant industry has been among the hardest hit by the COVID-19 pandemic. The National Restaurant Association reported in its 2021 State of the Restaurant Industry that, as of December 1,...more

Rumberger | Kirk

Restaurant Revitalization Grant Offers Relief to Restaurants and Bars: Opens May 3

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It is no secret that the restaurant industry has been one of the harder-hits of the COVID-19 pandemic. With government shutdowns, limits on hours, restricted operations, and social distancing requirements,...more

Akerman LLP - SALT Insights

Lights! Camera! Action! Shuttered Venue Operators Grants (SVOG) Takes Center Stage on April 8

On April 8, The Small Business Administration (SBA) finally opens its Shuttered Venue Operators Grant (SVOG) program, which was established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, as part...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, March 2021 # 18

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In Washington: Treasury Secretary Janet Yellen expressed confidence Wednesday that the U.S. can spend trillions more in upcoming legislation following this month’s $1.9 trillion coronavirus relief package. In testimony before...more

Chambliss, Bahner & Stophel, P.C.

Key Guidance on SBA's Loan Necessity Questionnaire for Paycheck Protection Program Loans

The U.S. Small Business Administration (SBA) issued guidance on the recently issued “Loan Necessity Questionnaire” (SBA Form 3509/3510). Lenders must require Paycheck Protection Program (PPP) borrowers to complete the...more

Downs Rachlin Martin PLLC

Interim Final Rule Regarding Appeal of SBA PPP Loan Review Decisions

On August 11, the SBA issued an Interim Final Rule regarding the appeal of SBA loan review decisions made under the Paycheck Protection Program (“PPP”). The Interim Final Rule is immediately effective, and while many lenders...more

Morgan Lewis

CARES Act: Paycheck Protection Program Provides Small Business Loans to Support Employees (UPDATED)

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The CARES Act’s Paycheck Protection Program provides loans targeted to small businesses to help keep their workers employed during the coronavirus (COVID-19) pandemic, and offers loan forgiveness to borrowers maintaining a...more

Proskauer Rose LLP

TALF Program Update: Master Loan and Security Agreement and Updated FAQs

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On May 20, 2020, the Federal Reserve Bank of New York (the "New York Fed") released the form of Master Loan and Security Agreement ("MLSA") that will govern loans issued under its Term Asset-Backed Loan Facility ("TALF") and...more

Foodman CPAs & Advisors

PPP Loan Borrowers will need Assistance when Applying for Forgiveness of their PPP Loans

On 4/15/20, the SBA and the U.S. Department of the Treasury released an application form for Paycheck Protection Program (PPP) loan forgiveness along with instructions for completing the form. ...more

Pierce Atwood LLP

COVID-19: PPP Loans – Economic Need Determinations

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***Update*** On April 28, Treasury Secretary Steven Mnuchin announced that the SBA will do a full review of any loan more than $2,000,000 under the PPP program. He also warned of criminal liability for borrowers who...more

Spilman Thomas & Battle, PLLC

Paycheck Protection Program FAQ 31: The $64,000 Question

The Small Business Administration emphasizes that businesses who participate in the Paycheck Protection Program must make a good faith certification that the loan request is “necessary” to support ongoing operations due to...more

Stinson - Corporate & Securities Law Blog

Reconsidering PPP Eligibility – Should Public Companies and Financially Strong Borrowers Repay PPP Loans?

A number of public companies applied for and received potentially forgivable loans under the Paycheck Protection Program (PPP). To be eligible for a PPP loan a borrower does not need to demonstrate that it is unable to obtain...more

Mayer Brown

Clear as Mud: SBA Offers Further Clarification to PPP Eligibility

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In FAQ #31 posted on April 23, 2020, the US Small Business Administration offered the following clarification (italics added): 31. Question: Do businesses owned by large companies with adequate sources of liquidity to...more

Foley & Lardner LLP

Commercial Cleaning Franchise System Challenges SBA’s Determination of Eligibility for Paycheck Protection Program Loans Under...

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Three members of the JANI-KING® franchise system filed suit last week in federal court in Washington, D.C. alleging that the United States Small Business Administration (the SBA) has discriminated against franchised...more

Hutchison PLLC

Client Alert: SBA Issues Additional Guidance for Self-Employed Individuals and PPP Borrowers Taxed as Partnerships

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On April 15, 2020, the U.S. Small Business Administration issued a new interim final rule (link) (the “Guidance”) that supplements prior guidance with respect to the Paycheck Protection Program (the “PPP”). Among other...more

Franczek P.C.

SBA Issues New FAQs regarding the Paycheck Protection Program

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To clear up some uncertainty in the language of the CARES Act’s Payroll Protection Program (“PPP”) and the subsequent interim final rules, the Small Business Administration (“SBA”) issued Frequently Asked Questions (“FAQs”)...more

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