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Small Business Native American Issues

Holland & Knight LLP

SBA Notices Tribal Consultation in Advance of Proposed Rule Affecting HUBZone, 8(a) and Other Small Business Contracting Programs

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On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more

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Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

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On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by...more

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SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

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The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology...more

Schwabe, Williamson & Wyatt PC

SBA Decision Not to Impose a Community Benefit Plan Requirement

On October 5, 2022, during the Tribal Consultation session in Washington, D.C., the Small Business Administration stated that it will not pursue its attempt to impose a Community Benefit Plan requirement on Alaska Native...more

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SBA Awards $1.1 Million to Support Native American-Owned Small Businesses

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Isabella Casillas Guzman of the U.S. Small Business Administration (SBA) announced on December 15, 2021, that SBA’s Office of Native American Affairs awarded $1.1 million in grants and contracts to seven entities which will...more

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Treasury Department Sets State Small Business Credit Initiative Session, Tribal Consultation

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The U.S. Department of the Treasury on April 26, 2021, announced that it will hold an information session on the State Small Business Credit Initiative (SSBCI) on May 13, 2021, from 2 to 3 p.m. ET and a tribal consultation on...more

PilieroMazza PLLC

OHA Upholds SBA Denial of Admission to 8(a) Program for Failure to Demonstrate Status as Recognized Indian Tribe

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In a noteworthy decision this February, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) upheld SBA’s determination denying GTEC Industries, Inc. (GTECI) entry into the 8(a) Business Development...more

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American Rescue Plan Act of 2021: Summary

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The U.S. House of Representatives on March 10, 2021, passed the Senate-amended H.R. 1319, the American Rescue Plan (ARP). The ARP provides $1.9 trillion in additional relief to respond to the novel coronavirus (COVID-19)....more

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BIA to Establish Procedures for Federally Recognizing Alaskan Tribes

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On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to...more

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Weekly Update Newsletter - January 2020

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Join the HUBZone Council as They Celebrate Their 20th Anniversary - On January 17, 2020, the HUBZone Contractors National Council will be hosting its first EVER HUBZone Industry Awards Gala in Baltimore, MD, at Morgan...more

Miles & Stockbridge P.C.

SBA Proposes Combining 8(a) Mentor-Protégé Program with the All Small Mentor-Protégé Program, As Well As Extensive Changes to 8(a)...

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On November 8, 2019, the Small Business Administration published a proposed rule to combine the 8(a) Business Development (BD) Mentor-Protégé Program with the All Small Mentor-Protégé Program. 84 Fed. Reg. 60,846 (Nov. 8,...more

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Weekly Update Newsletter - October 2019 #5

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NATIVE AMERICAN LAW - Emerging Issues in Native 8(a) Contracting - The House Committee on Small Business, Subcommittee on Investigations, Oversight, and Regulations held a hearing titled, “Native 8(a) Contracting:...more

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Weekly Update Newsletter - February 2019 #2

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GOVERNMENT CONTRACTING - The Small Business Administration (SBA) announced a series of workshops geared to help Native American small business communities with technical assistance and business development. The SBA will...more

Ballard Spahr LLP

SBA Office of Advocacy submits comment letter asking CFPB to reconsider payday loan proposal

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The Small Business Administration’s Office of Advocacy has submitted a comment letter on the CFPB’s proposed payday loan rule that raises concerns about the proposal’s economic impact on small businesses and encourages the...more

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The National 8(a) Association Summer Conference Recap; Mentor-Protégé Regs Looming

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On June 13-14, the National 8(a) Association held its annual summer conference in Anchorage, Alaska. The conference included useful programs on a variety of topics of interest to tribal, Alaska Native Corporations (ANC), and...more

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Report from the National 8(a) Association 2016 Winter Conference in Orlando

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The National 8(a) Association 2016 Winter Conference, held in Orlando on Feb. 9-10, provided several useful updates on Small Business Administration (SBA) matters affecting Indian tribes, Alaska Native Corporations (ANCs),...more

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SBA's Proposed Rule Provides Guidelines on the Common Administrative Services Exception to Affiliation for All Tribal Entities

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The SBA’s February 2015 proposed rule concerning the expanded mentor-protégé program received much attention and analysis, much (deservedly) focused on the new program. However, one aspect of the proposed rule could, if made...more

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Once 8(a) Competitive, Not Always 8(a) Competitive

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Unlike other sole source authorities for small business programs, such as that recently granted to the WOSB program via the 2015 NDAA, a recent decision from GAO confirms that the sole source authority given to the 8(a)...more

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