A HUBZone Appeal Appears! Continuing our Look at the HUBZone Appeal Process

Earlier this year, SBA’s Office of Hearings and Appeal (“OHA”) released its first HUBZone status protest appeal decision. That decision, as you may recall was fairly straightforward, resulting in a dismissal of the appeal. About half a year later, OHA has issued its second HUBZone status appeal decision! This one is even more straightforward than the first one, but it is important nonetheless as it now gives us further insight into the HUBZone appeal system. Let’s take a little look.

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SBA OIG Again Challenges SBA’s Revised Definition of a HUBZone Employee

The U.S. Small Business Administration’s Office of Inspector General isn’t mincing words–OIG thinks that SBA has strayed from Congressional intent with its expansive definition of who qualifies as a HUBZone employee for purposes of satisfying the HUBZone Program’s eligibility requirements. In a recent report, SBA OIG points out that SBA’s broad definition could result in a company becoming HUBZone-eligible even if none of the company’s employees currently live in HUBZones.

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No Work No Play: SBA Reminds Contractors of HUBZone Employment Requirements

One of the pillars of the SBA’s HUBZone program is the location of a company’s employees. In August of this year, SBA released an Information Notice emphasizing important points about where employees reside, and HUBZone entity’s efforts to employ the necessary amount of employees residing in HUBZone areas. While SBA’s HUBZone policies don’t have the weight of law as compared to a regulation, the HUBZone office will generally enforce this sort of guidance quite strictly. So don’t think it’s just a suggestion. As these are crucial elements of eligibility, it is important for all HUBZone businesses to be aware and reminded of SBA’s expectations.

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First OHA HUBZone Appeal Debuts on the Docket

It’s here–the first ever SBA Office of Hearings and Appeals (OHA) HUBZone appeal decision! Sure, it is a very short decision and a dismissal–in fact, one reiterating some of the limitations of the new appeal avenue. But that doesn’t make it any less important. This is still SBA OHA’s first ever HUBZone appeal decision, only made possible by the SBA’s recent issuance of a new rule allowing HUBZone appeals (again, in limited circumstances). Let’s take a closer look.

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Back to Basics: Status Protests

In the world of Federal Government Contracting, it often feels like there are 20 different ways that your business or your business’s awards can be protested. In addition to size protests and bid protests (at both GAO and the COFC), there is also what is commonly referred to as a “status protest.” A status protest, while certainly less common than size protests and bid protests, still presents its own unique factors, procedures, and corresponding risks that contractors should be aware of. In this next installment of our Back to Basics series, we will walk you through a status protest and what impact a status protest may have on a federal contractor’s business.

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Govology Webinar: Understanding & Obtaining HUBZone Certification (2023 Update), March 21, 2023, 1:00PM EDT

The SBA revamped its HUBZone rules in the last few years, making several changes to the HUBZone program. However, we continue to see updates to how SBA interprets these rules as it puts out policy guidance frequently. In this webinar, government contracts attorneys Nicole Pottroff and John Holtz will discuss these changes and SBA’s related guidance. 

If you’re a HUBZone contractor trying to remain compliant or have thought about obtaining a HUBZone certification, please join us. Register here.