SmallGovCon Year in Review: The Top Ten

As we reflect on the end of 2019 and look forward to what 2020 will bring, it’s interesting to see what was noteworthy to our readers in 2019. To that end, I’ve compiled a list of some of our most popular posts from 2019.

2020 will certainly bring many more changes in the federal contracting world and SmallGovCon will be here to provide insight on all of them.

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SBA’s Receipts Calculation Transition Period: Is It Legal?

When the SBA issued its final rule implementing the Runway Extension Act’s 5-year receipts calculation period earlier this month, it allowed for a two-year transition: until January 6, 2022, the SBA will allow businesses to choose either a 3-year or a 5-year receipts calculation period.

This transition phase is helpful, the SBA noted, to small businesses that might be adversely affected by an abrupt change to the receipts calculation period—namely, businesses with declining revenues over the preceding five years that are nonetheless close to the applicable size standard cap.

SBA’s accommodation of these companies is, by any measure, a commonsense solution to prevent inadvertent harm caused by the Runway Extension Act. But notwithstanding this laudable policy objective, is the new transition period legal?

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Laptops to Get Nonmanufacturer Rule Waiver?

The SBA said recently that it intends to issue a class waiver of the Nonmanufacturer Rule for laptop and tablet computers, freeing up small businesses to resell these products in bulk to the federal government.

The SBA recently announced its intent in the Federal Register, giving the public the opportunity to comment early in the New Year.

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Legislative Updates: Small Business Bills in the House (& Senate)!

Just like the elves in Santa’s workshop, Congress has been busy this winter season! Among the chaos, three bills with the potential to impact small business Federal government contractors have been percolating. The first and third bill propose amendments to laws already in place covering surviving spouses of SDVOSB owners and the Department of Homeland Security’s Mentor-Protege Program, while the second bill proposes an entirely new SBA program for small businesses geared toward promoting research and development efforts.

Here’s our brief summary of each bill:

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New Avenue for SBA Protests: Ostensible Subcontractor Status Protests

SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern.

It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.

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SBA Adds to Compliance Rules for Limitations on Subcontracting

Recently, the SBA released a final rule that clarifies some of the mysteries surrounding the limitation on subcontracting rules. The new rule, which goes into effect on December 30, 2019, provides clearer guidelines for contractors, while also creating some new requirements and definitions as discussed below.

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SBA Finalizes Rule Allowing Set-Asides Under Small Business MACs

The SBA has published a final rule that would allow for quite the change to small business set-aside multiple award contracts (MACs) and orders issued under them. This final rule amends the SBA’s regulations to authorize task and delivery orders issued under a small business set-aside MAC, to be set-aside for HUBZone businesses, 8(a) businesses, SDVOSBs, or WOSBs.

While agencies had set aside orders under MACs before, SBA has now clarified its regulations to allow socioeconomic set-asides of orders under small business set-aside MACs.

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