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SBA Issues Proposed Rule to Require "Rule of Two" for Orders Under Multiple Award Contracts

Today, the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small...more

SBA Proposes Rule That Will Change M&A Landscape for Small Business, Recertifications to Impact Award Eligibility

The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is...more

SBA Proposes to Amend its Negative Control Rule, Which Could Have Major Implications for Small Businesses and Minority Shareholder

Recently, the Small Business Administration ("SBA") issued a proposed rule, which could significantly alter the status quo for permissible negative control. Impacted small businesses and their minority shareholders and...more

GAO Decision Highlights Agency’s Evaluation of Mentor-Protégé Joint Venture, But Could Unintentionally Lead Industry Astray on...

A recent Government Accountability Office (“GAO”) decision highlights the Small Business Administration’s (“SBA”) regulations relating to agency evaluations of a mentor-protégé joint venture’s past performance and experience,...more

White House Announces OMB Guidance to Increase Small Business Contracting Opportunities

Last week, the White House announced that the Office of Management and Budget ("OMB") issued guidance to help small businesses in the federal contracting marketplace. With the guidance, as the announcement states, the...more

SDVOSB Self-Certification Grace Period to Expire: Submit Applications by Dec 31 To Remain Eligible While Applications are Pending

The 2023 clock is winding down, meaning some folks are planning New Year's Eve parties, and others are googling the lyrics to Auld Lang Syne. For service-disabled veteran-owned small businesses ("SDVOSB"), the end of the...more

Recent FCA Settlement Highlights Small Business Certification Issues in Private Equity Transactions

The Department of Justice ("DOJ") recently announced a $1.75 million false claims settlement with a contractor that "improperly obtained government contracts that were set-aside for small businesses." The DOJ settlement...more

SBA to Require All Individually-Owned 8(a)s to Affirmatively Establish Social Disadvantage

We recently wrote about a federal court decision in Ultima Servs. Corp. v. U.S. Dep't of Agric., which held that the "rebuttable presumption" of social disadvantage under Small Business Administration's ("SBA") 8(a) Program...more

Court Enjoins Rebuttable Presumption in 8(a) Program: What's Next for Future, Current Participants?

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee held in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the "rebuttable presumption" of social disadvantage under Small Business...more

Hello Q4: SBA Clarifies 8(a) Sole Source Rules, Individual 8(a)s Have More Options for Larger Awards

The government's fiscal year ("FY") is coming to an end on September 30, which means the need for agencies to spend "use it or lose it" contracting dollars will steadily increase over the next couple of months. And, while the...more

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

DoD Issues Class Deviation on Small Biz Joint Ventures and SAM Registration

On October 26, 2022, John M. Tenaglia, Principal Director, Defense Pricing and Contracting, issued Class Deviation 2023-O0001 to direct contracting officers to use alternate procedures to verify small business joint venture...more

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