SBA Finalizes Rule Allowing Set-Asides Under Small Business MACs

Posted on December 11, 2019 by Gregory Weber

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.

OHA Denies Protest: Veteran Didn’t Need to List Disability on Social Media

Posted on December 9, 2019 by SmallGovConContributor

The SBA Office of Hearings and Appeals denied an SDVOSB-status protest recently where the protester’s main argument amounted to an allegation that the owner of a competitor failed to identify on social media that he had a service-related disability.

OHA called the allegation “completely without merit.”

SmallGovCon Week In Review: November 25 – December 6, 2019

Posted on December 6, 2019 by Shane McCall

The end of the year brings different traditions for different folks. Around these parts, Lawrence is celebrating its old fashioned Christmas Parade downtown. Old fashioned in this case means all horses and no motorized vehicles. It’s a fun event.

But for government contractors (and their lawyers), the end of the year is a great time to reflect on changes to the federal contracting legal landscape. In that vein, Public Contract’s (AKA Pub K) free Annual Review 2019 will take place via webcast on December 12 from 9 am to 4:30 pm. For those looking for some detailed discussion of government contracting issues over the past year from some seasoned presenters, this is the place.

Over the past couple weeks there has also been a lot of interesting updates in federal contracts, including a GAO report highlighting how lack of contractor ownership transparency can mask national security threats as well as other contractor scams, companies vying for the government e-commerce portals, and small contractors are struggling to meet cybersecurity standards. The GAO report will make for good reading as it has a lot of examples of ownership concerns for those looking to avoid fraud issues in government contracting.

VA Updates, Expands, and Clarifies Its Verification Assistance Briefs

Posted on December 6, 2019 by SmallGovConContributor

The VA and SBA have numerous regulations defining the eligibility requirements for participation in the veteran-owned and service-disabled veteran-owned small business programs. To help laypersons better understand these regulatory hurdles the VA publishes Verification Assistance Briefs.

These “are resources to assist applicants in obtaining VA Verification for the Veterans First Contracting Program” and understand SBA’s ownership and control criteria. The VA recently updated all of its existing Briefs and added some new ones. Read on for an overview of the 26 Briefs and a more detailed look at some of the more notable ones.

5-Year Receipts Calculation Period Effective January 6, 2020

Posted on December 5, 2019 by SmallGovConContributor

At SmallGovCon, we’ve closely followed the SBA’s implementation of the Small Business Runway Extension Act. After much confusion caused by the delayed implementation of the Act, there’s finally a light at the end of the tunnel: the 5-year receipts calculation period will become effective January 6, 2020.

Importantly, the SBA’s final rule implements relief for businesses that will be adversely affected by the change to a 5-year receipts calculation period.

Let’s take a look.

SBA Proposes to Remove the “Three” from the “Three-In-Two” Rule for Joint Ventures

Posted on December 4, 2019 by Nicole Pottroff

The SBA recently proposed a rule that would amend the infamous three-in-two (AKA 3-in-2) rule for joint ventures. SBA’s current regulations provide that a joint venture can be awarded no more than three contracts over a two-year period.

While SBA plans to keep the two-year lifespan for joint venture awards, it plans to get rid of the three contract maximum.

SBA Implements New Rules for Women’s Business Center Programs

Posted on December 3, 2019 by SmallGovConContributor

Recently, we wrote about the Congress’ Women’s Business Centers Improvements Act of 2019 (H.R. 4405). Since the Act passed the House in October, SBA has independently codified improved rules for the Women’s Business Center Program.