5 Things You Should Know: SBA’s Recent 8(a) Program Updates

Posted on May 4, 2021 by Nicole Pottroff

SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. And we have been doing our best here at SmallGovCon to keep you posted. Many of our blog posts focused on SBA’s monumental November 2020 “rule overhaul,” which implemented several 8(a) rule changes. But given the sheer magnitude of information in that final rule, it is pretty easy to lose track of which updates might affect you, as a potential 8(a) applicant or current 8(a) participant. There were also some pretty important changes to the 8(a) Program just prior to and subsequent to SBA’s November 2020 final rule.

Suffice it to say, there is a lot to process! So, we thought a quick summary blog on some of the most significant changes to the 8(a) Program of late might help you in that endeavor. Without further ado, here are five things you should know about SBA’s recent 8(a) Program updates.

SmallGovCon Welcomes John Holtz

Posted on May 3, 2021 by Shane McCall

I am pleased to announce that John Holtz has joined our team of government contracts attorney-authors here at SmallGovCon. John is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law.

Before joining our team, John practiced law in a variety of areas, including litigation and corporate counsel matters, and developed a wide berth of experience that provided adaptability and resourcefulness to help clients navigate the world of government contracts, be it on a transactional basis or in litigation. Check out John’s full biography to learn more about our newest author, and don’t miss his first SmallGovCon post on ownership and control of a woman-owned small business.

SBA OHA: Ownership and Control are Not the Same in the WOSB Program

Posted on May 3, 2021 by John Holtz

A company learned the hard way that just because their business is majority owned by a woman, it doesn’t mean they are a Women-Owned Small Business (WOSB) in the eyes of the SBA. The question is one of both ownership and control.

SmallGovCon Week in Review: April 26-30, 2021

Posted on April 30, 2021 by Shane McCall

If April showers bring May flowers, Lawrence, Kansas should be a kaleidoscope of color next week. The rain was so heavy at one point our street became a river for a few hours. The sun is shining today, however, and you can almost see the grass growing. It’s time to fire up the lawn mower and the grill and enjoy the longer, warmer days.

Just like the weather, there have been a few changes in federal government contracting, this week. Here are a few newsworthy articles, including an update on minimum wage increases for federal contractors, a new loan program for restaurants, and updates on the President’s Made in America policies. Have a great weekend!

GAO: Solicitation Cannot Require a Protégé Have the Same Experience as its Mentor

Posted on April 28, 2021 by SmallGovCon Contributor

SBA regulations prohibit agencies from requiring the same past performance record from both mentor and protégé entities. The regulations explicitly prohibit this type of requirement.

In a recent GAO decision, it sustained the protest where an agency required all members in a joint venture to submit the same past experience examples in their proposal.

Five Things You Should Know: Responding to Size Protests

Posted on April 27, 2021 by Shane McCall

There are many things to know about responding to size protests. One could probably fill a book with the information-(actually I did, for those who want a real deep dive!). But if you need to know just the basics, here are five things you should know about size protests that can help you be prepared if your company is facing a size protest.

SBA’s SDVOSB “Normal Business Hours” Rule Needs Fixing–Here’s How

Posted on April 26, 2021 by Steven Koprince

SBA’s regulations for service-disabled veteran-owned small businesses create a rebuttable presumption that a service-disabled veteran doesn’t control the company if the veteran is unable to work normal business hours in the company’s industry.

The rule sounds reasonable at first blush, but as a recent SBA Office of Hearings and Appeals case demonstrates, the SBA may apply the presumption even to a one-person start-up with no contracts. Not many people can afford to quit their day jobs before their businesses truly get off the ground–creating a real conundrum for SDVOSB start-ups.

For the sake of fairness, the SBA’s Normal Business Hours rule needs fixing, pronto. Here’s how to do it.