Final 2022 NDAA Draft Allows HUBZone Appeals

The final version of the 2022 National Defense Authorization Act, agreed upon by negotiators for both the House and Senate and signed by the president, will allow the SBA’s Office of Hearings and Appeals to hear appeals related to the SBA’s HUBZone status decisions.

We here at Koprince McCall Pottroff LLC welcome the pending change, which will be a big step forward for the HUBZone program in terms of transparency and fairness.

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House-Approved 2022 NDAA Makes HUBZone Changes, Including HUBZone Appeals

The House-passed version of the 2022 National Defense Authorization Act would make some significant changes for the HUBZone program. Among them are the ability to have HUBZone appeals heard by administrative judges. Below is a summary of the key changes The House version of the 2022 NDAA includes some amendments that could come about if they are all included in the final law.

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HUBZone FAQ Update: Maps and Other Changes

The SBA’s HUBZone program can be a confusing program to understand and comply with. Keeping on top of the regulations requires keeping up on legislative and program changes on a revolving basis. The SBA has recently frozen the HUBZone maps and changed principal office rules. In a corresponding move, the SBA has updated the Frequently Asked Questions (FAQ) section for the HUBZone program to clarify some details on HUBZone Program rules.

Here are some key points you should know about this latest FAQ update.

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GAO: Agency Has Discretion on Type of Socioeconomic Set-Aside for Procurement

From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc. B-419577 (May 12, 2021). In this matter, Foxhole Technology, Inc., a service-disabled veteran-owned small business, protested the Department of Education’s decision to set aside an RFQ to supply cybersecurity services for HUBZone businesses. In its protest, Foxhole argued that the agency’s decision to set aside the procurement for HUBZone small business concerns was based on inadequate market research and was therefore not justified. GAO denied the protest.

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New HUBZone Program Guidance Sheds Light on Principal Office Long-Term Investment Rules

The HUBZone Program has released updated FAQs that provide guidance on important HUBZone rules and how SBA will be interpreting them. While these don’t have the authority of a regulation, the new guidance shows how SBA will come down on certain HUBZone questions that aren’t answered in the regulations. These include the details on long-term investment in a principal office as well as a few other rules. Read on for how SBA will interpret these rules.

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2020 Rewind: The Year’s Biggest Government Contracting News Affecting Small Businesses

Let’s face it: most people won’t look back on 2020 with anything remotely approaching nostalgia.  Here at Koprince Law LLC, we are eager to turn the page and move on with 2021, too. 

But small businesses shouldn’t forget 2020 completely.  The year brought many important developments, including major changes to some key government contracting rules that our readers should remember.  So here, in a nutshell, are the most important 2020 government contracting changes and legal developments for small businesses. 

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