SBA has issued a final rule updating some of its rules relating to the 8(a) Program. The final rule will have an impact on some aspects of ownership and control requirements for the 8(a) Program, including providing some flexibility for change of ownership and making some 8(a) set-aside processes a little cleaner. The rule would also allow for populated joint ventures between similarly situated joint venture members.
We wrote about the proposed rule last year. Below are some of the key takeaways from the final rule and any changes from the proposed rule.
The sole source thresholds for the major socioeconomic preference programs would increase significantly under the House-passed version of the 2022 National Defense Authorization Act.
The House version of the 2022 NDAA includes an amendment that would raise the sole source caps for contracts awarded to qualified 8(a) Program participants, service-disabled veteran-owned small businesses, HUBZone Program participants, and woman-owned small businesses (as well as the economically disadvantaged subcagetory of WOSBs).
SBA’s requirement that 8(a) participants maintain a bona fide place of business in the geographic location of any 8(a) construction contracts has been an encumbrance for many federal contractors–even prior to the global pandemic. But fortunately, SBA has recently recognized the additional challenges that COVID-19 has caused for 8(a) contractors seeking to comply with this rule. And as such, SBA has suspended this requirement in an effort to help our nation’s small disadvantaged businesses during these arduous times.
Eligibility to bid for construction contracts in the 8(a) program can be a maze to navigate for small businesses. The lifeblood for these companies is identifying and becoming eligible to bid for these prized solicitations. As a new 8(a) entity, or one looking to branch out, you may be wondering how to establish a bona fide place of business.
In order to qualify for construction contracts in the 8(a) program, offerors are required to have a bona fide place of business (or BFPOB) within the established geographic area. This post will walk you through when and how to request a determination from the SBA, and when to expect a decision.
Well folks, the wait is finally over! The Second Edition of our popular GovCon Handbook on the SBA’s 8(a) Program is live, and it’s available here. In this revised, updated, and expanded Handbook, Steven Koprince and I give you the run-down on all things 8(a) (and as always, we do so in plain English).
Whether you are considering applying to the 8(a) Program, in the midst of the application process, already years into your 8(a) Program term, or a recent graduate/non-8(a) entity hoping to team with an 8(a) company one of these days–this book is for you. It covers everything under the 8(a) sun, including:
The 8(a) Program is tremendously powerful and can be a springboard to massive success in the government contracts marketplace. But the many (many!) rules surrounding the 8(a) Program are complex, and even savvy 8(a) contractors–not to mention first-time applicants–easily can become confused.
I am pleased to announce that next week, Koprince Law LLC will publish a Second Edition of our popular GovCon Handbook on the 8(a) Program. In this revised, updated and expanded Handbook, my colleague Nicole Pottroff and I will cover the 8(a) Program’s rules in detail, including:
If you are a government contractor participating in the Small Business Administration’s 8(a) Business Development Program, there is a good chance you received an email this week about COVID-19 and the SBA’s 8(a) suspension authority. What is this authority and, more importantly, how would suspension impact your 8(a) status?
In this post, we aim to provide some answers to frequently asked questions about these suspensions.