In a recent decision, the Small Business Administration’s Office of Hearings and Appeals (OHA) reviewed the requirements to establish that a company is a manufacturer of a product under SBA’s rules. In particular, there is a requirement that a company use “its own facilities” in manufacturing the product. But how does a company establish it will use its own facilities?
Continue reading…SBA Clarifies Inconsistencies in 8(a) and Mentor-Protégé Ownership Rules
A lot has been happening in the 8(a) Business Development Program world over the past couple of weeks. SBA has been busy updating regulations applicable to the 8(a) Program to both bring SBA rules into alignment with the economic realities in a post-COVID world and to make 8(a) requirements more uniform across the board. Here, we focus on a change to ownership rules for non-disadvantaged owners of 8(a) Program participants that are also part of an SBA-approved Mentor-Protégé Agreement.
Continue reading…Podcast: Understanding the 8(a) Lawsuit and Its Impact: Attorney John Holtz Reveals All
John Holtz was recently interviewed by Dr. Kizzy Parks with K. Parks Consulting, Inc. about the current 8(a) Program situation and the pause on applications. Please use this link to access this informative podcast and we invite you to visit YouTube for all of Kizzy Parks podcasts concerning federal government contracting matters.
SmallGovCon Week in Review: August 7-11, 2023
Hello, Readers! Many small business contractors and agency personnel are paying close attention to the fallout from the recent court decision on the 8(a) Program, as shown in this week’s articles. For an explanation of the decision, see the post from John Holtz, while Nicole Pottroff has explained SBA’s pause on taking current 8(a) Program applications. Another big story was DOL’s new rules.
We hope you have a wonderful weekend and please refer to our most recent blog posts for additional information on federal government contracting matters.
Continue reading…Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits
Through an amendment to the Senate-Passed 2024 NDAA, the Department of Defense (“DoD”) sole source threshold for many socioeconomic set-aside programs would be increased significantly under the Senate-passed version of the 2024 National Defense Authorization Act. Also a method to adjust DoD sole-source thresholds for inflation would be created.
Continue reading…8(a) Rule Update: Agencies Can’t Limit 8(a) Competition to Participants with Additional Certifications, SBA Clarifies Bona Fide Place of Business for Construction Contracts
A few months ago, we explored SBA’s new rule that made changes to the 8(a) program, the limitations on subcontracting rules, and the ostensible subcontractor rule. There was another aspect of that new rule that also makes some needed clarification on how contracting officers can limit 8(a) competitions, and we want to briefly explore that here.
Continue reading…Event: “Small Business is BIG Business in Government Procurement” Training Workshop, August 15, 2023 San Antonio
The San Antonio Business Opportunity Counsel will be hosting this workshop that will include a day of training, networking, speakers and exhibitors in beautiful San Antonio, Texas. I’m excited for the opportunity to be the keynote speaker and will be presenting on Mentor-Protégé, Teaming and Joint Venture Agreements. For more information on this event please visit www.saboc.org. Hope to see you there!