This week on the blog we continued to bring you coverage of COVID-19 related issues, including some timely updates on SBA’s extension of the deadline to return funds under the Paycheck Protection Program.
But there was much more federal contracting news this week, including articles about a fill-in for the 8(a) STARS II vehicle, restructuring of government IT procurement units, and a proposed new COVID-19 relief bill that could help federal contractors.
Continue reading…Since our post yesterday, the SBA has once again updated the safe harbor deadline for paying back Paycheck Protection Program loans to Monday, May 18.
Continue reading…**UPDATE 5/14/20: Since publication of this post, the SBA has now updated the PPP Safe Harbor deadline to May 18. This post has been updated to include this additional information.
Just hours before the first extended May 14 deadline for businesses to return “unnecessary” Paycheck Protection Program loans without penalties, the SBA has published new guidance on how it will review borrowers’ required good-faith certifications.
Continue reading…Under the SBA’s regulations, affiliation between two companies might exist where one company derives 70% or more of its receipts from the other over the preceding three fiscal years. See 13 C.F.R. § 121.103(f)(2).
This economic dependence affiliation, as it is called, can be tricky to identify in practice—it is, after all, a rebuttable presumption of affiliation. That is, a company might be able to demonstrate that economic dependence doesn’t exist if, for example, it has only been in business for a limited amount of time and has only been awarded a limited number of contracts.
Recently, the SBA’s Office of Hearings and Appeals considered the bounds of the economic dependence affiliation rule and interpreted the three-year look-back period.
Continue reading…GAO recently dismissed a challenge to the terms of a solicitation—even though those terms directly contradicted the procuring agency’s promise made during a prior protest of the solicitation. Is that right? Let’s take a look.
Continue reading…Update 5/14/2020: Since this post was originally published, SBA’s website has clarified when SBA Certification will be available and when Self-Certification will end. The post has been updated to reflect this information.
On Monday, the Small Business Administration will publish a Final Rule updating the certification methods for businesses applying for and participating in the Women-Owned Small Business program. The new Rule will also impose new thresholds for demonstrating economic disadvantage, impacting applicants not only for the WOSB program, but also the 8(a) Business Development program.
Continue reading…While we’ve recently enjoyed some sunny spring weather in Lawrence, KS, this week saw the other side of spring: overcast days and rain. While working from home, this means staring out the window at a grey sky. So, while we continue to cope with the effects of COVID-19, it can be comforting to read about the wheels of government continuing to turn.
This week, we saw federal contracting updates in the areas of the DOD shoring up the industrial base, a guilty plea for bribery and a settlement for allegations of SDVOSB fraud, and news that the government continues to buy during the pandemic.
Continue reading…