News & Analysis as of

Small Business North American Industry Classification System

Potomac Law Group, PLLC

DBE Certification and NAICS Codes - What You Need to Know

If you are a business owner who wants to become certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE), you need to show that you can perform work under the...more

Potomac Law Group, PLLC

How to Determine Whether Your Company Meets the Size Limitations for the DBE and ACDBE Programs

Are you a business owner who wants to participate in the Disadvantaged Business Enterprise (DBE) or Airport Concession Disadvantaged Business Enterprise (ACDBE) programs? If so, you need to know how the U.S. Department of...more

Womble Bond Dickinson

Are You Taking Advantage of NAICS Codes Appeals To Compete For Small Business Set-Aside Contracts?

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When a federal agency issues a small business set-aside contract, it uses North American Industry Classification System (NAICS) codes to determine the size standard that will apply to that contract. The agency must select the...more

Bass, Berry & Sims PLC

OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements

Bass, Berry & Sims PLC on

In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more

BakerHostetler

Texas Data Privacy and Security Act: Decoding the ‘Small Business’ Exception

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In a state where everything is bigger, sometimes it helps to be small. The Texas Data Privacy and Security Act (TDPSA), which takes effect on July 1, 2024, includes one of the broadest standards for applicability of any U.S....more

Dunlap Bennett & Ludwig PLLC

How To Qualify For Federal Small Business Set-Aside Contracts

Securing federal contracts can be a game-changer for small businesses, offering opportunities for growth and stability. The Small Business Administration (SBA) is crucial in facilitating these opportunities by setting size...more

Whitcomb Selinsky, PC

LS3, LLC Size Determination Appeal Dismissed as Moot

Whitcomb Selinsky, PC on

In May 2023, the SBA Office of Government Contracting made two significant Size Determinations, Nos. 6-2023-020 and 6-2023-021, concerning the small business status of LS3, LLC. Challenging these determinations, LS3, LLC...more

Schwabe, Williamson & Wyatt PC

Federal Government’s Response to Ultima’s Motion

On Friday, September 29, 2023, the federal government filed its response to Ultima Services Corporation’s September 15th filing in the Ultima case. As a reminder, in its September 15th filing, Ultima Services Corporation...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Size Determinations and Multiple Award ‎Contracts

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Schwabe, Williamson & Wyatt PC

Bid Solve Case and Key Considerations for SBAs on Tax Returns

The decision in United States ex. rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., Case No. 1:19-cv-1861 (“Bid Solve”), is an interesting and helpful case because it provides a reminder that while tax returns can be used...more

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

Venable LLP on

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

Latham & Watkins LLP

Texas Passes Onerous Data Privacy Law

Latham & Watkins LLP on

The stringent law introduces several novel obligations and a unique approach to determining applicability that may broaden its reach. On June 18, 2023, Texas enacted the Texas Data Privacy & Security Act (TDPSA), which...more

Womble Bond Dickinson

Important May 30, 2023 Changes to the SBA’s Mentor-Protégé and Joint Venture Regulations

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On May 30, 2023, the Small Business Administration’s (“SBA”) Final Rule on Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program (the “Final Rule”) became effective. The Final...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

McCarter & English Blog: Government Contracts...

Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations

On April 27, 2023, the Small Business Administration (SBA) issued a final rule, finalizing a September 9, 2022 proposed rule, and making a myriad of changes to the Small Business Regulations. Those changes are effective at...more

Dunlap Bennett & Ludwig PLLC

SBA’s 8(a) Business Development Program

What is the 8(a) program? The 8(a) Business Development program or 8(a) program assists small-disadvantaged businesses to compete in the American economy and Federal marketplace. The 8(a) program provides a range of...more

Morrison & Foerster LLP

Finally! CFPB Issues Final Small Business Data Collection Rule

On March 30, 2023, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued its long-awaited small business lending data collection final rule (“Final Rule”). The Final Rule implements Section 1071 of the...more

Whitcomb Selinsky, PC

Size Standard Determination Appeal: Lost Creek Holdings

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This size standard determination appeal case of Lost Creek Holdings, LLC (SBA No. SIZ-5831) concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act...more

Whitcomb Selinsky, PC

Dellew Corporation Files a NAICS Code Protest Two Years Too Late

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This case, an Appeal of Dellew Corp., SBA-NAICS-5837,  concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a...more

Foley & Lardner LLP

Preparing for New SBA Certification Requirements for Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses

Foley & Lardner LLP on

On November 29, 2022, the Small Business Administration (SBA) published a Final Rule, requiring all Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) to obtain...more

Fox Rothschild LLP

SBA Recognizes Inflation in Size Standards, Eligibility for 8(a) and EDWOSB Programs

Fox Rothschild LLP on

This month it becomes easier to qualify for and remain in the Small Business Administration’s (SBA) programs as a direct result of high inflation over the last year. Notably, the SBA increased the maximum income, net worth,...more

Schwabe, Williamson & Wyatt PC

SBA Adjusts Standards and Thresholds for EDWOSB and 8(a) Business Development Programs

Due to recent global events causing high inflation, the Small Business Administration (“SBA”) issued a final rule on November 17, 2022. This final rule has two primary components. First, it adopts, without change, the interim...more

Bradley Arant Boult Cummings LLP

SBA to Increase Size Standards and Program Thresholds Due to Inflation

The U.S. Small Business Administration (SBA) recently published a final rule on its 2019 interim final rule that adjusted monetary-based industry size standards (i.e., receipts- and assets based) for inflation which has...more

PilieroMazza PLLC

SBA Proposes Revisions to Ownership and Control Requirements for the 8(a) Business Development Program

PilieroMazza PLLC on

As PilieroMazza noted recently here, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, primarily those that are participants in the 8(a) Business Development...more

Schwabe, Williamson & Wyatt PC

SBA Issues Final Rule on 2022 NAICS Code Update

On September 29, 2022, the U.S. Small Business Administration (SBA) issued a final rule amending its small-business size regulations to incorporate the U.S. Office of Management and Budget’s (OMB) North American Industry...more

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